llilii!iiiiSi;i!iiilliJllil|ii^ 



25th Congress, [ Doc. No. 12G. ] Ho. ov Rkps. 

2(1 Session. Executive. 



c y /<,W 



*<^/ tw. 



MAINE BOUNDARY— MR. GREELY, .^-c. 



Ix Tiir. House of Kf.prksf.ntatives U. S., February 19, 1838. 
On motion of Mr. Evans, of Maine, it wa.? 
Ch-dered, That there bo printed, for the use of the members of the House, three thoiisand copies 
extra of the message of the President of the United States of the 29th .I;muary ultimo, transmit- 
ting Information called for by the House on the 9th of January, in relation to the imprisonment of 
Mr. Greely, a citizen of the United States, by the British authorities of the Provinco of New 
Brunswick, and the documents accompanying the same ; as also, of all the documents and papers 
therein referred to. 



MESSAGE 



THE PRESIDENT OF THE UNITED STATES 



TKANSMITTING 



TTie information required by a resolution of the House of Representa- 
tives of the 9th instant, in relation to the Imprisofimcnt of Mr. Gree- 
ly, at Frcderickton, in the British Province of New Brunswick, ^^c. 



January 29, 183S. 
Postponed until Thursday next. 



To the House of Representatives of the United States: 

I herewith communicate to the House of Representatives a report from 
the Secretary of State, with accompanying documents, in answer to their 
resohition of tlie 9th instant. 



Washingtox, January, 1838. 



M. VAN BUREN. 



Department of State, 
JVashington, January 25, 1838. 
To the Pj'esident of the United States : 

The Secretary of State, to whom has been referred a resohition of the 
House of Representatives, dated the 9th instant, requesting the Presi- 
dent to communicate to that body "what measures, if any, have 
been taken by tlie Executive for the release of Mr. Greely, a c'itizcn'of 
Maine, now imprisoned in the provincial jail of New Brunswick, at Fred- 
irickton, for an alleged violation of the jurisdiction of said Province over 
he territory clai med by the British Government ; and, also, to commuin- 

'bomas Allen, print. 



I Doc. No. 126. ] 



cate any corresponck-iice \Cliich tHieVExrcutivc department may have had 

Jritish ^veiwi'ij|i'^t*or ihir J^xe(^ative of Ma 
jcct of «a-id'~6T(jel^s imi>ri5;oiinu'nt, so lar as a conniiunioation of the 



witli the Br 



ainc, upon the sub- 



same may be deemed by liini not iueompatible with the pubhc interest ;" 
anii, hkewise, requestmg the President, if not incompatible witii the 
public interests, to conunuiiicate to that House "any correspondence or 
communication held between the Government of the United States and 
llut of Crreat Britain, at dilferent times, respecting the wardensliip, occu- 
[)ation, or actual possession of that part of the territory of the State of 
Maine which is claimed by Great Britain," has the honor to report to 
the Piesident the accompanying documents, which embrace the inform- 
ation and correspondence, not heretofore pubUshed by Congress, called 
for by the above-cited resolution. 
Respectfully submitted. JOHN FORSYTH. 



Copy. 
Extract, 



Copy. 
Extract. 



Copy. 



List of accompanying papcy^s. 

Governor Dunlap to President Van Buren, dated ISth Sep- 
tember, 1S37. 

Mr. Forsyth to jNIr Dunlap, 26th September, 1837. 

Same to ^Ir. Stevenson, I2th July, 1837. 

Mr. Stevenson to Mr. Forsyth, (with enclosure,) 21st August, 
1S37. 

iSIr. Forsyth to Mr. Stevenson, 2Sth September, 1837. 

Mr. Stevenson to Mr. Forsyth, (with enclosure,) 22d Novem- 
ber, 1837. 

Mr. Clay to Mr. Vaughan, dated 9th January, 1829. 

Mr. Vaughan to Mr. Clay, 13th January, 1829. 

Same to Mr. Hamilton, (with enclosure,) 7th March, 1829. 

Mr. Hamilton to Mr. Vaughan, 11th March, 1829. 

Mr. Vaughan to Mr. Hamilton, 12th jMarch, 1829. 

Same to Mr. Van Buren, (with enclosure,) 10th April, 182.9, 

Mr. Van Buren to Mr. Vaughan, lltli May, 1829. 

Mr. Vaughan to Mr. Van Buren, Mth May, 1829. 

Same to same, (with enclosures,) 8th June, 1829. 

Mr. liankhead to Mr. Livingston, (with enclosures,) 1st Octo- 
ber, 1831. 

Mr. Livingston to Mr. Bankhead, 17th October, 1831. 

Mr. Bankhead to Mr. Livingston, 20th October, 1831. 

Same to same, (with enclosures,) 22d October, 1831. 

Same to same, (with enclosure,) 25th November, 1831. 

Mr. Livingston to Mr. Bankhead, 2Stli November, 1831. 

Sir Charles R. Vaughan to Mr. McLane, (with enclosures,) 
20th October, 1833. 

Mr. McLane to Sir Charles R. Vaughan, 23d October, 1833. 

Sir Charles R. Vaughan to Mr. McLane, (with enclosures,) 17th 
Decemlier, 1833. 

Mr. McLane to Sir Charles R. Vaughan, (with enclosures,) 21st 
December, 1.S33. 

Sir Charles R. Vaughan to Mr. McLane, 23d December, 1833. 

Same to same, (with enclosures,) 2Sth February, 1834. 

Mr. McLane to Sir Charles R. Vaughan, 4tli March, 1834. 



[ Doc. No. 126. ] 3 

Memorandum of papers heretofore puhlisJicd, connected with Northeast- 
ern boundary qucslion. 

Senate documents. 1st session 20th Congress, Nos. 130, 171. 

1st session 24th Congress, No. 414. 
House Documents. 1st session 20th Congress, Nos. 217, 213.* 

2d session 20th Congress, No. 90. 
ndary- 2d session 2od Congress, No. G2. 

-)y terJf 2d session 2 1th Congress, No. 125. 

'"'••'jnftf 1st session 25th Congress, No. 31, 

9d session 25th Congress, Nos. 73, 74. 



The Governor of Maine to tJie President of the United States. 

State of Maine, Executive Department, 

September 18, 1837. 
Sir : I lose no time in advising your exceUency that Ebenezer S. 
Greely, Esq., a citizen of this State, Avhile employed within its limits, 
and under its autliority, in taking an enumeration of the inhabitants of the 
county of Penobscot residing north of the surveyed and located townships, 
has been arrested a second time by the provincial authorities of New 
Brunswick, and is now in confinement in the jail of Frederickton. 

It becomes my duty to request that prompt measures be adopted by the 
Govenmient of the United States to effect the release of JMr. Greely. 

I have the honor to be, ^:c. 

ROBERT P. DUNLAP. 
His Excellency Martin Van Buren, 

President of the United States. 



Mr. Forsyth to Mr. Dunlap. 

Department of State, 
Washington, September 26, 1837. 

Sir : I have the honor, by direction of the President, to acknowledge 
the receipt of the letter addressed to him by your excellency on the ISth 
instant, advising him that Ebenezer S. Greely, Esq., a citizen of Maine, 
while employed within its limits, and under its authority, in taking an enu- 
meration of the inhabitants of the county of Penobscor, has been arrested 
a second time by the provincial authorities of New Brunswick, and is now 
in confinement in the jail at Frederickton : and requesting that proinpt 
measures be adopted by the Government of the United States to cll'ect 
the release of Mr. Greely. 

I hasten to assure you, in reply, that Mr. Stevenson, tlie minister of the 
United States at London, will be immediately instructed to renew his ap- 

• No. 218 relates exclusively to the North Western boundarj', and is not included in tliis 
collection. 



4 1 Doc. No. 126. ] 

plication to the British Liovcrnuicnt for the release of Mr. Grecly ; and 
that tlie rosuh, wlien obtained, and conimuiiicatcd to tliis Department, will 
be made known to your expellency without mmecessary delay. 

Information was given at an early day to the Executive of Maine of the 
informal arrangement between the United States and Great Britain in re- 
gard to the exercise of jurisdiction within the disputed territory ; and the 
Presideiu's desire was then expressed, that the Government and people 
of that Slate would co-operate with the Federal Goverimient in <"occu-ig 
It into elFect. In the letter addressed to your excellency from'.;ite o'^c- 
j)artment on the 17tli ultimo, you were informed of the continuo-i.v.c of 
thai arrangement, and of the reasons for it. I am now instructed by the 
President (who uidulges the confident expectation that the Executive of 
Maine will still see, in the gravity of the interests involved, a suflicient 
motive for his cordial concurrence in an arrangement which offers the best 
prospect of an amicable and satisfactory adjustment of the general ques- 
tion of boundary) to request your excellency's co-operation in the con- 
ciliatory course adopted by the two Governments ; an adherence to which 
seems the more important at this time, from the consideration that an an- 
swer to the President's last proposition is daily looked for ; and to renew 
to you the assurance that no efforts shall be spared, on his part, to bring 
the negotiation to a speedy conclusion. 

I have the honor to be, &.c. 

JOHN FORSYTH. 

His Excellency Robert P. Duxlap, 

Governor of Maine. 



Mr. Forsyth to Mr. Stevenson. 

[extract.] 

Department of State, 

JVashiugton, July 12, 1S37. 
Sir : I enclose an extract of a letter received at this Department from 
the Governor of Maine, by which you Avill perceive that a citizen of 
that State, named Ebenczer S. Greely, while employed, in virtue of an 
appointment under one of its laws, in making an enumeration of the 
inhal)itants, upon a part of the territory claimed as being within the 
limits of the State, was seized by order of the authorities of the Province 
of New Brunswick, on the 6th of June last, and imprisoned in the public 
jail of Frcderickton, where he still remains. I also transmit a copy of 
sundry documents relating to his arrest and detention. This outrage upon 
tlie personal liberty of one of its citizens has actually caused great excite- 
ment in Maine, and has produced an urgent appeal to the (ieneral Gov- 
ernment for its intervention in procuring redress for what is considered an 
unprovoked and unjustifiahle aggression. This arrest was made on a 
])art of the territory in dis])uie between ihe United States and Great Brit- 
ain, and could only have been justified, in the existing state of that con- 
troversy, ])y. some plain infringement of the understanding which exists 
between tiie parties, that, until the settlement of the question of right, 
there shall be no extension of jurisdiction on either side within the dis- 



[ Doc. No. 126. ] 5 

puted limits. It is not perceived how the simple enumeration of the in- 
habitants, about which Mr. Greoly was enii)loyed, could be construed as 
a breach of that understanding ; and it is expecled that the Government 
of Great Britain will promptly mark its disapproval of this act of vio- 
lence committed by the provinci;il authorities, so inconsistent with those 
amicable feelings under which the negotiation respecting the controverted 
boundary has been hitherto conducted, and so essential to bring it to a 
happy termination. You are directed, immediately upon the receipt of 
this despatch, to bring the subject to the notice of his Majesty's Govern- 
ment, and to demand, as a matter of justice and right, the prompt release 
of Mr. Greely, and a suitable indemnity for his imprisonment. 
Andrew Stevenson, Esq., <§*c. 

List of papers sent loith ilie preceding despatch. 

Extract of letter from Governor Dunlap to Mr. Forsyth, (with two 
enclosures,) dated July 3, 1837. 

Copy of letter from same to same, (with two enclosures,) dated June 
27, 1837. 



Mr. Sleverison to Mr. Forsyth. 

[ EXTRACT. ] 

Legation of the United States, 

London, August 21, 1837. 

Sir : I received, by the last packet to Liverpool, your despatch of the 
12th July, (number 21,) transmitting copies of the documents and corre- 
spondence in relation to the arrest and imprisonment of Mr. Greely, a 
citizen of Maine, by the authorities of New Brunswick. 

In pursuance of your instructions, I lost no time in presenting the sub- 
ject to the consideration of the Government, and herewith transmit to 
you a copy of my note to Lord Palmerston, to which no answer has yet 
been received. 

You will see that I waived for the present the discussion of the question 
of right and jurisdiction, and contented myself with presenting the facts of 
the case, and demanding the innnediate release of ]Mr. Greely, and indem- 
nity for the hijuries which he had sustained. 



Mr. Stevenson to Lord Palmerston. 

The undersigned, envoy extraordinary and minister plenipotentiary 
from the United States, has the honor, in pursuance of instructions from 
his Government, to transmit to Lord Palmerston, her Majesty's principal 
Secretary of State for Foreign AlTairs, copies of sundry official documents, 
detailing the circumstances under which a most unwarrantable outrage 
lias recently been committed by the authorities of the Province of New 
Brunswick upon the rights and liberty of a citizen of the United States. 

From these papers it appears that Ebenezer S. Greely, a citizen of the 
State of Maine, was duly appointed for the purpose of taking an enumera- 
tion of the inhabitants of that State, by an act of its Legislature ; that 
on the Gth of June last, whilst ]\Ir. Greely was engaged in performing 
this duty, and taking down the names of the inhabitants residing in that 



6 [ Doc. No. 126. ] 

part of the dispufed territory claimed by the United States as lying within 
tlie limits of Maine, he was forcibly arrested by the antiiorities of New 
Brunswick, immediately transported in custody to the town of Frederick- 
ton, and imprisoned in the jniblic jail, whore lie still remains. This pro- 
ceeding by the authorities of New Brunswick having produced, as might 
justly iiavt^ been expected, very deep excitement in Maine, was fol- 
lowed by an innncdiate appeal Irom the Governor of that State to the 
GovernuKMit of the United States for intervention and redress. 

This application on the part of Maine having received the special con- 
sideration of the President, the undersigned has been instructed to lose no 
time in presenting the subject to the early and earnest attention of her 
Majesty's Government, and demanding. n«it'only the immediate liberation 
of Mr. Grcelyfrom imprison;neiit,but indemnity for the injuries that he has 
sustained. 

In fultilHng tlicsc instructions of his Government, it is not the purpose of 
the undersigned to open the general discussion of the respective claims of 
Great Britain and the United States to the disputed territory, (within 
which Mr. Greely \vas arrested,) or the right of either Government to ex- 
ercise jurisdiction within its limits. Whatever opinion the undersigned 
may entertahi as to the rightful claim of the State of Maine to the terri- 
tory in dispute, and however unanswerable he may regard the argu- 
ments by which the claim may be sustained, he deems it neither proper 
nor needful to urge them upon the consideration of her Majesty's Govern- 
ment in the decision of the present case; more especially as" the whole 
subject is elsewhere, and in another form, matter of negotiation between the 
two Governments, where the discussion of the question of right more appro- 
priately belongs. The undersigned, moreover, docs not presume that pond- 
ing the negotiation, and whilst efforts are making for the peaceable and final 
adjustment of these delicate and exciting questions, her Majesty's Govern- 
ment can claim the right of exclusive jurisdiction and sovereignty over 
the disputed territory, or the persons residing within its limits. In such a 
claim of power on the part of Great Britain, or its provincial authorities, 
the undersigned need not repeat to Lord Palmerston, (what he is already 
fully apprized of,) the Government of the Uniti.'d States wui never consent 
to acquiesce in tlie existing state of the controversy. On the contrary, the 
mutual understanding which exists between the two Govemmenls on the 
subject, and the moderation which" both Governments have heretofore 
manifested, forbid the exercise by either of such high acts of sovereign 
power as that which has been exerted in the present case by the author- 
ities of her Majesty's provincial Government. 

The undersigned nmst, therefore, suppose tluit this arrest and imprison- 
ment of an American citizen, under such cirrunjstancos,and in the existing 
state of fho controversy, could only have been justified by some supposed 
infringementof the understanding existing between the parties, in relation 
to the question of jurisdiction within the disputed territory. Such, however, 
was not the case. The correspondence! between the Governor of Maine 
and the Lieutenant Governor of New Briniswick .shows that the only act 
done by Mr. Gnn-ly was the sinqile emnneration of the inliabitanfs; and 
it is not perceived howsucli an act could l)e construed into a breach of the 
understanding lietween the two Govermnenls. 

It is projx-r also to remark, that this was not the first time that the in- 
habitants within this particular settlement had been enumerated under the 
authority of the United States; it was done in the census of 1S20, (as a 



f Doc. No. 126. J 7 

portion of the State of Maine,) and was, at the time, neither o])jcctcd to 
nor remonstrated against by the British Government or that of New 
Brunswick. 

Wlierever,then, the right of jm-isdiction and sovereignty over this terri- 
tory may dwell, liie undersigned feels satisfied that her Majesty's Govern- 
ment cannot fail to perceive that the arrest and imprisonment of Mr. 
Greely, under the circumstances of the case, was not only a violation of 
the rights of the United States, bat was wholly irreconcilable with tliat 
moderation and forbearance which it is peculiarly the duty of both Gov- 
ernments to maintain until the question of right shall be definitively 
settled. 

It becomes the duty of the undersigned, therefore, in pursuance of spe- 
cial instructions from his Governmem, to invite the early and favorable 
consideration of her Majesty's Government to the subject, and to demand, 
as a matter of justice and right, the immediate discharge of Mr. Greely 
from imprisonment, and a suitable hidemnity for the wrongs he has sus- 
tained. 

Before closing this note, the undei-signed will avail himself of the occa- 
sion to remind Lord Palmerston of the urgency which exists for the im- 
mediate and final adjustment of this long-pending controversy, and the 
increased obstacles which will be thrown in the way of its harmonious 
settlement by these repeated collisions of authorit]-, and the exercise af 
exclusive jurisdiction by either party within the disputed territory. 

He begs leave, also, to repeat to his lordship assurances of the earnest 
and unabated desire which the President feels that the controversy should 
be speedily and amicably settled, and to express the anxiety with which 
the Government of the United States is waiting the promised decision of 
her Majesty's Government upon the proposition submitted to it as far back- 
as July, 1836, and which the undersigned had been led to believe would 
long since have been given; and he has been further directed to say, that, 
should this proposition be disapproved, the President entertains the hope 
that some new one, on the part of her Majesty's Government, will imme- 
diately be made for the final and favorable termination of this protracted 
and deeply-exciting controversy. 

The undersigned begs Lord Palmerston to receive renewed assurances 
of his distinguished consideration. 

A. STEVENSON. 

23, Portland Place, Jlugiist 10, 1837, 



Mr. Forsyth to Mr. Stevenson. 

Department of State, 

JVa^hingioJi, September 28, 1837. 
Sir : You will receive, herewith, the copy of a note dated the ISth in- 
stant, recently received by the President from the Governor of jNIaine, who 
alleges that Ebenezer S. Greely, Esq., a citizen of that State, while employ- 
ed within its limits, and under its authority, in enumerating the inhabitants 
of Penobscot county, has been again arrested and imprisoned by the pro- 
vincial authorities of New Brunswick; and requests that speedy measures 
be adopted by the Government of the United States to procure the release 
of Mr. Greely. 

Governor Dimlap has been assured, by the President's direction, that 



8 [ Dor. X<>. 1-26. ] 

steps would be immediately taken to ellect that object; and you are ac- 
cordingly instructed, on the receipt of this despatch, to brhig the subject, 
without delay, to the attention of the British Secretary of State for For- 
eign Alfairs. You will remonstrate, in a respectful but earnest manner, 
against this second violation of the rights of Maine, in the person of her 
agent, and demand the proni})t release of ]Mr. Greely, with such additional 
indenujiliealion as the nature of the outrage calls for. 

I am, &.C, 

JOHN FORSYTH. 
Andrew Stevj;xson, Esq., ^'c. 



Mr. Stevenson to Mr. Forsyth. 
[extracts.] 
Legation of the United States, 

London, November 22, 1S37. 
" On my return to London, after an absence of a few weeks, I found 
your despatches, Nos. 26 and 27, under date of the Stli and 2Sth of Sep- 
tember. In pursuance of your instructions, I addressed an oflicial note 
to Lord Palmersion on the subject of the second arrest and imprisonment 
of Mr. Greely by the provincial authorities of New Brunswick ; a copy of 
which I have now the honor of transmitting to you." 

" No answer has yet been received to my first note ; but I presume a 
decision of the case maybe soon expected." 



Mr. Stevenson to Lord Pal7nerston. 

The undersigned, envoy extraordinary and miiiister plenipotentiary 
from the United Stiites, had the honor, on the 10th of August last, of ad- 
dressing to Lord Viscount Palmerston, her Majesty's principal Secretary 
of State for Foreign Alfairs, an official note complaining of the arrest 
and imprisonment of Ebenezer S. Greely, a citizen of the United States, 
by the provincial authorities of New Brunswick, and demanding, by or- 
der of his Government, the immediate release of Mr. Greely from impris- 
onment, with suitable indemnity for the wrongs he had sustained. To 
this communication, a note was received from his lordship, under date 
of the 22d of the same month, in which an assurance was given 
that an early answer to the complaint might be expected. No answer, 
however, has yet jjcen received ; and it is with unfeigned regret that the 
undersigned finds himself constrained in again inviting the attention of her 
Majesty's Government to the subject, to accompany it with another com- 
plaint of a second outrage committed, by the authorities of New Bruns- 
wick, upon the riglits and liberty of this individual. 

From recent information received, it ajipears that shortly after the first 
arrest and imprisonment of Mr. Greely, he was, by the orders of the 
Lient(;nanl Governor of New lirunswiek, released from confinement, but 
was inuiK.'diately thereafter again taken into custody l)y his authority, and 
reronnnitted to the jail of Fn^deriekton, where he is now detained. This 
fact iiaving been conmuuiicated by the Governor of INIaine to the Presi- 
dent of the Uni\ed States, (in an oificial communication setting forth the 



[ Doc. No. 126. ] 9 

circumstances under which it was done, a copy of which is herewith trans- 
mitted,) the undersigned has received the special instrnctions of his Gov- 
ernment to bring the subject, without delay, to the notice of her Majes- 
ty's Government, in order that immediate steps may be taken for the lib- 
eration of Mr. Greely, and indemnity made for the injuries he has suf- 
fered. 

Having, in the first note which he had the honor of addressing to Lord 
Palmerston, stated the grounds upon which the release of this individual 
was demanded, and the expectations of his Government in relation to the 
subject ; and having waived the discussion of tlie questions of right and 
jurisdiction, which he still intends doing, it will not be needful to do more 
on this occasion than express to his lordship the painful surprise and re- 
gret with which the President has received information of this second out- 
rage on the part of the authorities of New Brunswick ; and to repeat the 
assurances heretofore given, that such proceeding can be regarded in no 
other light than a violation of the rights and sovereignty of the United 
Stiites, and entirely irreconcilable with that mutual forbearance which 
it was understood would be practised by both Governments pending the 
negotiation. 

The circumstances under which these recent attempts to enforce juris- 
diction have been made, show that, in the most favorable aspect in which 
they can be regarded, they were wholly indefensible. 

The act for which Greely was arrested and imprisoned, so far from having 
been committed within the acknowledged dominions of the British Crown, 
and beyond the hmits of the disputed territory, and therefore liable to be 
treated as a violation of territorial jurisdiction, took place, as appears by 
the statement of the Governor of Maine, whilst he was employed within 
theiimits of that State, and under its authority, in enumerating the inhab- 
itants of the county of Penobscot. 

By what authority, then, the provincial Government of New Bruns- 
wick felt itself justified in exercising such acts of sovereign power, the 
undersigned is at a loss to conceive — unless, indeed, upon the ground that 
the jurisdiction and sovereignty over the disputed territory, pending the 
controversy, rests exclusively with Great Britain. If such should turn 
out to be the fact, it can hardly be necessary again to repeat the assuran- 
ces which have been heretofore given, that, in any such claim of power, 
the Government of the United States cannot acquiesce. 

Upon the consequences Avhicli Avould unavoidably result from attempt- 
ing to exercise such jurisdiction, it is needless to enlarge. It must now be 
apparent that all such attempts, if persevered in, can produce only feuds 
and collisions of the most painful character ; and, besides increasing the 
feelings of international discord which have already been excited between 
the contending parties, they will close every avenue to an amicable adjust- 
ment of a controversy which it is so much the desire and interest of both 
Governments to accomplish. Ought it not, then, to be the earnest endeavor 
of the two Governments to avoid doing any thing which can have a ten- 
dency to lead to such mischievous consequences ? 

It is under this view of the subject that the undersigned has been 
instructed again to remonstrate against these proceedings of the authorities 
of New Brunswick, as a violation of the rights of Maine, in the person of 
her agent; and to protest in the most solemn manner against the future exer- 
cise of all such acts of jurisdiction and sovereignty over the disputed terri- 



10 [ Dor. No. 126. J 

tory, or the citizens of the United States residing within its limits, until a 
filial adjustment ot' the controversy takes place. 

TIk^ undcrsiufned, therefore, cannot and oiiirht not to close this note 
without aL-^ain invoking (he early and earnest attention of Lord Palmerston 
and tliat of her IMajesty's Government to this painful subject. 

It is one of deep and mutual interest to the parties concerned, and the 
delicacy and embarrassments which surround it are justly appreciated by 
the Government of the Unhed States. Deeply regretting, as that Govern- 
ment does, the collisions of autliority to which both countries have been 
so repeatedly exposed by the dekay tiiat has taken place hi the final settle- 
ment of the main question, it is sincerely desirous, as tlie undersigned has 
taken occasion repeatedly to assure l^ord Palmerston, to liave it brought 
to a speedy and amicable termination. This can only be done by meas- 
ures of mutual forbearance and moderation on the part of both Govern- 
ments. To this end the eftbrts of the American Government have been 
earnest, persevering, and constant. It has done, as it will continue to do, 
every thing in its power to induce the State of Maine to pursue a course 
best calculated to avoid all excitement and collision between the chizens 
of tiiat State and the inhabitants of New Jh'unswick, or which would tend 
in any manner to embarrass the mediatorial action of their two Govern- 
ments on the subject ; but it cannot be expected, if the authorities of New 
Brunswick still persevere in attempting to exercise jurisdiclion over tlu^ 
disputed territory, by the arrest and imprisonment in foreign jails of citi- 
zens of Maine, for performing their duty under the laws of their own 
State, and within what is believed to be her territorial limits, that meas- 
ures of retaliation will not be resorted to by Mahie, and great mischief 
ensue. 

Indeed, under existing circumstances, and hi the nature of human con- 
nexions, it is not possible, should such a course of violence be continued, 
to avoid collisions of the most painful character, for which the Government 
of the United States cannot be responsible, but which both Governments 
would equally deplore. 

It was doubtless with a view of guarding against these consequences 
that tlie understanding took place that eacli Government should abstain 
from exercising jurisdiction within the limits of the disputed territory, 
pending the setdement of the main question. 

The undersigned, therefore, persuades himself that these proceedings of 
the Colonial Government may have taken place without a careful exam- 
ination of the important questions involved in them, or the consequences 
to which they might lead, rather dian under instructions from her 
Maj(^sty's Government, or with a deliberate view of asserting and en- 
forcing territorial and jurisdictional rights over the contested territory. 

In looking back, as he does, with satisfaction, to tlie conciliatory spirit 
in which tho negotiation has heretofore been conducted, and the modera- 
tion wliich both Govermnents have observed, the undevsigncd cannot per- 
mit liimself to douI)t but that, upon a careful review of the whole subject, 
lier Majesty's Government will see fit not only to mark with its disappro- 
batidn this l;ist ju-ocf-ediuLi: of her Colonial Government, and direct the 
imnMidiaie liberation of Mr. Greely from imprisonment, with ample in- 
demnity for the wrongs he may have sustained, but that it will see the 
propriety of giving suitable instructions to the authorities of New Bruns- 
wick to abstain, for the future, from all acts of that character, which can 
liavc no other tendency than to increase the excitement and jealousies 



[ Doc. No. 126. ] 11 

which ah'cady prevail, and retard the final and amicable adjustment of 
this painful controversy, 

The undersigned requests Lord Palmerston to accept assurances of his 
distinguished consideration. A. STEVENSON. 

23 Portland Place, November S, 1837. 



Mr. Clay to Mr. Vanghan. 

Department of State, 

Washington^ January 9, 182 9. 

Sir: I have this day received a letter from the Governor of the State 
of Massachusetts, transmitting an extract from a letter addressed hy Geo. 
W. Cofiin, Esq., land agent of Massachusetts, to his excellency, a copy of 
which is lierewith communicated, and to which I request your immediate 
and particular attention. 

It appears from this document that " mills are now er 2ting on the grant 
formerly made to General Eaton, on the Aroostook riv , for the avowed 
purpose' of getting their supply of timber from our for ts ;" that the pro- 
prietor of these mills " says he has assurances from th authorities of New 
Brunswick that he may cut timber without hindran j from them, provi- 
ded he will engage to pay them for it if they succeed in obtaining their 
right to the territory;" "that mills are also erected at Fish river, and, to 
supply them, the growth in that section is fast diminishing ; and that the 
nrhabitants of St. John's river obtain from the Province of New Bruns- 
wick permits to cut on the Crown lands. But it is evident that many hav- 
ing such permits do not confine themselves to Crown lands ; for, in my 
travels across the interior country, logging roads, and the chips where 
timber had been hewn, were seen in every direction ; also many stumps of 
trees newly cut." I need scarcely remark, that the proceedhigs thus de- 
scribed are in opposition to the understanding which has existed between 
the Governments of the United States and Great Britain ; that, during the 
pendency of the arbitration, which is to settle the question of boundary, 
neither party should exercise any jurisdiction, or perfoiTU any act on the 
disputed territory, to strengthen his own claims, or to alfect the state of 
the property in issue. The Governor of Massachusetts observes in his 
letter to me, that, "in relation to the lands on Fish river, it must be recol- 
lected that the survey of a road by the joint commissioners of Massachu- 
setts and Maine, a short time since, was made matter of complaint by the 
British minister resident at Washington, on the express ground that the 
territory was within the scope of the dispute. From courtesy to his Govern- 
ment, and a respectful regard to a suggestion from the Department of 
State, the making of the road Avas suspended." The Governor justly 
concludes, "but it will be an ill requital for this voluntary forbearance on 
oin- part, if the land is to be plundered of its timber, and the value of the 
property destroyed before it shall be determined that it does not belong 
to us." 

If the Government of New Brunswick will authorize or countenance 
such trespasses as have been stated by Mr. Cofiin, on the disputed territory, 
it cannot be expected that the State of Maine will abstain from the adoption 
of preventive measures, or from tlie performance of similar or other acts of 
jurisdiction and proprietorship. The consequence would be immediate and 
disagreeable collision. To prevent this state of things, I am directed by 



12 [ Doc. No. 126. ] 

the President again to demand, through you, ihe cfTectual interposition of 
tlie IJritisii GoviTiinient ; without tliat, the friendly, if not the peaceful, re- 
lations hetweon the two countries, maj-- ho interrupted or endangered. 

I request your acceptance, on this occasion, of assurances of my distin- 
guished consideration. 

HENRY CLAY. 

Right Hon. Charles R. Vaughan, «§'C. 



Mr. J'^aughan to Mr. Clay. 

Washington, t/tf/it^t/;'^/ 13, 1S29. 

The undersigned, his Britannic Majesty's envoy extraordinary and 
minister plenipotentiary, has the honor to acknowledge the receipt of Mr. 
Clay's note, containing a representation wliich has been made by his 
excellency the Governor of the State of Massachusetts, respecthig the 
cutting down of timber upon the disputed territory in the Province of 
New Brunswick. 

The undersigned will immediately transmit a copy of Mr. Clay's note 
to His Majesty's Lieutenant Governor of New Brunswick, in order to 
ob ain an explanation of the transaction which has given rise to the re- 
monstrance made by the Governor of Massachusetts. 

The undersigned takes this opportunity of renewing to the Secretary 
of State the assurances of his highest consideration. 

CHS. R. VAUGHAN. 

Hon. Henry Clay, ^-c. 



Mr. Vaughan in Mr. Hamillon. 

Washington, March 7, 1S29. 

The undersigned, his liritannic Majesty's envoy extraordinary and 
minister plenipotentiary, had the honor to receive from the Secretary of 
State of the United States a note dated the .0th January last, containing 
a representation made by his excellency the Governor of Massachusetts, 
respecting some trespasses committed on the disputed territory in the 
Province of New Brunswick. 

A ropy of the note of the Secretary of State having been transmitted 
to Sir Howard Douglas, liis Majesty's Lieutenant Governor of that Prov- 
ince, tlie inulersiirned has lately received an answer, which he has the 
honor to comnumicate to Mr. Hamilton, by enclosing an extract of his 
exc(!llency's Iftter ; wjiich shows, in tlio most satisfactory manner, that 
so far from the proceedings comi)lained of by the Governor of IVIassa- 
chusetts liaving been authorized or countenanced in any shape by the 
Government of New Brunswick, every precaution has been taken to pre- 
vent and restrain depredations in the disputed territory. 

Mr. Hamilton will see, by the enclosed letter, that Sir Howard Douglas 
has sent a nviLMstrate to report upon the mills which have been estab- 
lished without license or authority ; to inspect minutely the stations of 
the cutters of lumber, and to seize any timber brought into the acknowl- 
edged boundaries of New Ihunswick from the disputed territory, and to 
hold the proceeds of the sale of it for the benefit of the party to whom 
that territory may be ultimately awarded. 

A.S the time is approacliing when Sir Howard Douglas will be absent 



[ Doc. No. 126. ] 13 

from his Government, he will leave injunctions strictly to observe the 
understanding between the two Governments during his absence. 

Tlic undersigned lias great satisfaction in being able to oiler to the 
Governmcntof the United States the unequivocal testimony contained in the 
enclosed letter from Sir Howard Douglas, of the conciliatory spirit in 
wliich the Government of New Brunswick is administered; and, trusting 
that a similar spirit will animate the Government of the American States 
which border on that Province, he confidently anticipates a cessation of 
that excitement which has unfortunately prevailed in the neighborhood of 
the disputed territory. 

The undersigned takes this occasion to offer to Mr. Hamilton the as- 
surances of his high consideration. 

CHARLES R. V AUG HAN. 

James A. Hamilton, Esq. S,'C. 



Extract of a Icttei^ from Sir Howard Douglas, dated 

Frederickton, February 11, 1829. 

I refer your excellency to a report from the commissioner of Crown 
lands, upon the subject contained in Mr. Clay's note of the 9th January, 
by which you will perceive that the depredations which are stated to be 
committed in the disputed territory are in no way authorized or counte- 
nanced by this Government; on the contrary, I assure your excellency 
that there is no color of authority for such proceedings, and that every 
precaution has been adopted to restrain and prevent them. This appears, 
indeed, to be admitted by Mr. Coffin, in the extract which accompanied 
your despatch, in which that gentleman observes and admits that this 
Govermnent is not chargeable with the depredations in the disputed terri- 
tory which he mentions. 

In order that your excellency may have full, circumstantial, and recent 
information upon this subject, I have despatched a magistrate of the 
county, a gentleman in whose prudence and discretion I place the firmest 
reliance, with instructions to inspect minutely all the lumber camps any 
where near the line, and likewise to report fully upon the mill establisli- 
ments mentioned in Mr. Coffin's report, none of which have been made 
under any authority from this Government ; and this gentleman's report 
will state all the circumstances and transactions resulting to and car- 
' lying on near those mills, and by what description of persons. 

Having made this inspection, this gentleman will be directed to remain 
in the upper part of the country, with orders to enforce the strictest ob- 
servance of the instructions I have already given to seize any timber that 
may be brought into the acknowledged boundaries of this Province from 
the disputed territory. All such seizures will be prosecuted to condemnation 
in the supreme coiu't, as I have already stated, and the proceeds of such sales 
held in trust for the benefit of that party to which an award of right may bo 
made. I shall leave the strictest injunctions that every possible precaution be 
adopted to ensure a rigid observance of the understanding which exists be- 
tween the tv/o Governments on this head ; and if Viwy other precaution sug- 
gest itself to your excellency as proper and necessary to be observed, your 
transmission of it to the lofficer administering this Government will be 
strictly attended to. 

The report from Mr. Maclauchlan, the magistrate whom I am about to 



14 [ Doc. No. 126. ] 

despatch on this ckity, will probably reach your excellency in about three ;i 
weeks after this communication. 

I have, &c. 

HOWARD DOUGLAS. 
The Right Hon. C. R. Vaughan, S,-c. 



DEPARTiMENT OK CrOWN LaNDS AND FoRESTS, 

February/ 11, 1829. 
Sir : Having perused the extract of a despatch from G. N. Coffin, 
land agent for the State of Massachusetts, to Governor Lincohi, dated 
Boston, December S, 1S2S, I have the honor to inform your excellency 
that no person has received authority of any kind from me to cut timber 
on the disputed territory ; and, with regard to the mills mentioned in the 
despatch above alluded to, I am not aware that tliereare any mills on the 
Restook, as no authority has been given by this Department for their 
erection, or supply of timber. 

The mills on Fish river were built by Messrs. Wilmotand Peters, with- 
out, however, any authority from Government, and no grant ever passed 
for the land. 

They are now in possession of two American citizens, by name Savage 
and B:irtlett, who, if they are cutting timber, do so without any shadow of 
authority from me, and Mr. Peters receives no profit on their proceedings. 

1 have, &c. 

THOMAS BAILLIE, 
Covnnissioner of Crown Lands and Forests. 
To his Excel'y Maj. Gen. Sir H. Douglas, Bart., ^-c. 



Mr. Hamilton to Mr. Vaughan. 

Department ov State, 

JVashington, March 1 1 , 1 82 9. 
Sir : I iiave received and laid before the President of the United States 
the note, with its enclosures, which you did me the honor to write to me 
on the 7th of this month, in answer to a representation which was made 
to you by Mr. Clay, on the 9th of January last, at the instance of the 
Governor of Massachusetts, concerning depredations comj)lained of by 
him against inlialiitants of the Province of New Brunswick, in cutting 
timber, preparing lumber for market, and erecting mills, upt)n the soil of 
the territory in dispute between the United States and Great Britain; 
and I am directed by the President to state, in reply, as I have mucli 
pleasure in doing, that he derives great satisfaction from the information 
contaiiKid in your communication, as lie especially perceives in the promj)t 
and energetic measures adopted by Sir Howard Douglas, Lieutenant 
Governor of the Province in question, and detailed in the enclosure re- 
ferred to, a pledge of the same dis[)osition on the part of the authorities 
of iliat J^roviiK-c, wliich animates this (iovcniment, to enforce a strict 
observance of the understanding between the two Governments, tiiat the 
citizens or subjects of neither shall exercise any acts of ownershi]) in tlio 
disputed territory whilst the title to it remains unsettled. I will lose no 
time in mcdving known to the Governors of Massachusetts and Mahie 



[ Doc. No. 126. ] 15 

the measures which have been lluis adopted by the Lieutenant Governor 
of New Brunswick, to guard against ah depredations upon the disputed 
territory, and will at the same time inform their exceUencies of the just 
and confident expectation entertained by the President that the conciha- 
tory understanding or arrangement between the two Governments of the 
United States and Great Britain, ah-eady referred to, should not be dis- 
turbed by the citizens of lliese two States. 

I am directed hkewise by the President expressly to use this first oc- 
casion of an otficial comnuniication with you under his orders, to request 
the favor of you to make known to your Government the sincere regret 
he feels at the existence of any dilference or misunderstanding between 
the United States and Great Britain, upon the subject-matter of this letter, 
or any other whatever; and that, in all the measures which may be 
adopted on his part, towards their adjustment, he will be entirely actuated 
and governed by a sincere desire to promote the kindest and best feelings 
on both sides, and secure the mutual and lasting interests of the parties. 

I pray you, sir, to accept the renewed assurances of the high and dis- 
tinguished consideration with Avhich I have the honor to be, your obedient 
humble servant, 

JAMES A. PIAMILTON. 

The Right Hon, Charles Richard Vaughan, Envoy, Sf^c. 



Mr. Vaughan to Mr. Hamilton. 

Washington, March 12, 1829. 
It is whh great satisfaction that the undersigned, his Britannic Majesty^s 
envoy extraordinary and minister plenipotentiary, acknowledges the re- 
ceipt of Mr. Hamilton's note of the 11th instant, containing a prompt ac- 
knowledgment of the efficacious measures adopted by the Lieutenant 
Governor of New Brunswick to investigate and to restrain the proceedings 
complained of in the disputed territory ; and he begs leave to assure the 
President that he derives great satisfaction from being requested to com- 
municate to his Majesty's Government that, in the adjustment of dilfer- 
ences between Great Britain and the United States, the President will be 
entirely actuated and governed by a sincere desire to promote the kindest 
and best feelings on both sides, and secure the mutual and lasting interests 
of the parties. 

The undersigned begs Mr. Hamilton to accept the assurances of his 
highest consideration. 

CHAS. R. VAUGHAN. 

To Mr. J. A. Hamilton, SfC 



Mr. Vaughan to Mr. Van Buren. 

Washington, April 10, 1829. 
The undersigned, his Britannic Majesty's envoy extraordinary and 
minister plenipotentiary, has the honor to inform the Secretary of State 
of the United States that he has received an intimation from his Majesty's 
Lieutenant Governor of New Brunswick, that, apparently, it is the inten- 
tion of the Government of the United States to carry the road now ma- 



16 f Doc. No. 126. ] 

king through the State of Maine to Mars Hill, over the point, and to oc- 
cupy it as a military station. 

The undersigned begs leave to remind Mr. Van Burcn that Mars Hill 
is situated upon the Northeastern line of boundary, which is in dispute 
between the two Governments; and he is called upon to protest against 
the occupation of it by American troops, upon the ground that the hue 
drawn by the conmiissioners of boundary, under the treaty of Ghent, 
due nortli from the monument which marks the sources of the river St. 
Cruix, was not considered by them as correctly laid down; and it yet re- 
mains to be determined whether Mars Hill lies eastward or westward of 
a line drawn upon scientific principles. For a better explanation of the 
motives for this protest, the undersigned has the honor to refer the Secre- 
tary of State to a copy of a letter, which is enclosed, from Sir Howard 
Douglas. 

A joint resolution of both Houses of Congress, passed during the last 
session, tends to confirm the intentions of the Government of the United 
States, as inferred by Sir Howard Douglas from the information which 
he has received. That resolution authorized the making of a road from 
and beyond Mars Hill to the mouth of the Madawaska river ; but, as 
the carrying into efi:ect that resolution was left entirely to the discretion 
of the President, the undersigned cannot entertain any apprehension of a 
forcible seizure of a large portion of the disputed territory, which a com- 
pliance with a resolution of Congress would imply. 

The undersigned acknowledges, with great satisfaction, the assurances 
which he has received of the kind feelings which will actuate the Presi- 
dent of the United States in the adjustment of any differences which may- 
exist with Great Britain; he subnnts, therefore, the representation of the 
Lieutenant Governor of New Brunswick respecting the occupation of 
Mars Hill; relying confidently on the manifest propriety of restraining 
the aggression which it is supposed is meditated from the frontier of the 
State of Maine, and of both parties mutually abstaining from any acts 
which can affect the disputed territory, as the question of possession is 
now in the course of arbitration. 

The undersigned reiterates to the Secretary of State the assurances of 
his highest consideration. CHAS. R. VAUGHAN. 

To the Hon. Maktin Van Buren, Si'C. 



Sir H. Douglas to Mr. Vaughan. 

Fredericktox, (New Brunswick,) 

December 11, 1828. 

Sir : Having received information from undoubted authority d)at it is 
the intention of the American GovernmeiU to cause a military road to be 
opened from the. interior of the country to Mars Hill, and likewise to take 
possession of that [)oint as a military ])0st, it becomes my duty, in con- 
formity witli my instructions to protest against any encroachment on the 
disputed territory, to submit to your excellency the grounds upon which 
I consider this a case requiring a remonstrance on your part against the 
occuj)ation of Mars Hill by either ])arty, until the question of right is settled. 

The north line from the source; of the St. ('roix has not been correctly 
laid down ; it was run, as it is termed, in the maiuK^r of an exjiloringline, 
as used in rough surveys and explorations. No decision of the commis- 



[ Doc. No. 126. ] 17 

sioners was ever made lespcctini,^ this Vww, and it is not admitted by them 
as correctly and definitively traced. The agenls who performed it may 
have considered tliat it was nearly correct, and that any error that might 
be fomid to exist would not be of much importance ; but it appears that 
a very trifling error committed in the direction of the line from the monu- 
ment would be magnified into such importance at tlu; distance of Mars 
Hill, that it may fairly be doubted whether Mars Hill lies eastward or 
Avestwardof the due north or meridian line, correctly laid down by proper 
process. It appears to have been admitted in the arguments before the 
commissioners, that a north line would intersect Mars Hill, which was 
accordingly assumed by the British agent as a point in that line, and like- 
wise a point of departure along the highlands to the westward, upon 
which the British commissioners claim the boundary line to be. 

I consider it, therefore, indispensable to address to your exxellency 
this protest against the assumption upon which the measures contemplated 
by the American Government are grounded. 

I have, &c., 

HOWARD DOUGLAS. 

To his Excellency the Rt. Hon. C, R. Vaughan, 4'C. 



3Ir. Van Buren to Mr. C. R. Vaughan. 

Department of State, 

Washington, May 11, 1829, 

The undersigned, Secretary of State of the United States, has the honor 
to acknowledge the receipt of the note which Mr. Vaughan, his Britannic 
Majesty's envoy extraordinary and minister plenipotentiary, addressed 
to him on the 10th of April, stating, upon the authority of a letter from 
the Governor of New Brunswick, (whereof a copy came ^^nclosed in Mr. 
Vaughan's note,) that it was apparently the intention of the Government 
of the United States to carry the road now making through the State of 
Maine, to Mars Hill, over that point, and to occupy Mars Hill as a mili- 
tary station ; and protesting against such occupation, upon the ground that 
the line drawn by the commissioners of boundary, under the treaty of Ghent, 
due north from the monument which marks the source of the river St. 
Croix, was not considered by them as correctly laid down, and that it yet 
remains to be determined whether Mars Hill is eastward or westward of 
the true line. 

The undersigned deems it unnecessary, upon the present occasion, to en- 
ter into an elaborate discussion of the point stated by Sir Howard Doug- 
las, the Lieutenant Governor of New Brunswick, concerning the line re- 
ferred to by him, inasmuch as the relative position of Mars Hill to that 
line is already designated upon map A, and the line itself mutually agreed 
to and sufficiently understood for all present purposes, though not defin 
itively settled by the convention of London of the 29th of September, 1827 

The undersigned will, therefore, merely state that he finds nothing in 
the record of the proceedings of the commissioners under the 5th article 
of the treaty of Ghent, to warrant the doubt suggested by the Lieutenant 
Governor of New Brunswick, whether Mars Hill lies to the westward of 
the line to be drawn due north from the monument, at the source of 
2 



\S I J)oc. Xo. 126.] 

tiie St. Croix, to the highlands which divide the waters that empty into 
the river St. Lawrence Irom those wiiicli enii)ty into tlic Athiiitic ocean ; 
liiat the joint snrveys and explorations made nnder that conmiission 
place the hill ahont a mile due wost ol'lhat line ; and that the agent of his 
Britannic Majesty, lielbre t'le coimnissioners, so lar Irom intimating any 
doubt on the point, m ide it one ground of argument that the true line, 
when correctly laid down, would neij^'ssarily, on account of the ascertained 
progressive westerly variation of the needle, fall still farther Avestward. 

The undersigned cannot acquiesce in the supposition that, because the 
agent of his Britannic Majesty thought proper, in the proceedings before 
the conmiissioncrs, to lay claim to all that portion of the State of Maine 
Miiich lies north of a line running westerly from Mars Hill, and desig- 
nated as the limit or boundary of the British claim, thereby the Uni- 
ted Slates, or the State of Maine, ceased to have jurisdiction in the 
territory thus claimed. In the view of this Government, his Britannic 
Majesty's agent might, with equal justice, have extended his claim to any 
other undisputed part of the State, as to claim the portion of it which he 
has drawn in question : nnd in such case, the Lieutenant Governor of New 
Hnmswick could surely not have considered a continuance on the part of 
tlie T'nitcd States and of the State of Maine to exercise their accustomed 
jurisdiction and authority to be an encroachment. If so, in what light are 
we to regard the continued acts of jurisdiction now exercised by liim in 
\he Madawaska settlement ? More than twenty years ago, large tracts of 
land lying westward of Mars Hill, and northward on the river Restook, 
were granted by the State of Massachusetts, which tracts are held and 
possessed under those grants to this day; and the United States and the 
"States of Massachusetts and Maine, in succession, have never ceased to 
v'xercise that jurisdiction which the unsettled condition of the country in 
that region, and other circumstances, admitted and required. 

The undersigned, therefore, cannot discover, in the facts and circum- 
TStances of the case, any just principles upon wliich Sir Howard Douglas 
'':^ould predicate his protest. He has, however, submitted the note which 
he had the honor to receive from Mr. Vaughan to the President of the 
United States, and is by him directed to say, in reply, th;it, although this 
Ciovernment could feel no difliculty in the exercise of what it deems au 
UDqnestionable right, and could not allow itself to be restrained by the 
prt^test of the Lieutenant Governor of New Brunswick, yet, as a further 
proof of the spirit of amity, forbearance, and conciliation, which the Pres- 
ident is desirous of cultivating between the two Governments, he has de- 
'•iided to ))ostpone, for th.e ])resent, the exercise of the authority vested in 
Him by the Congress of the United States, to cause to be surveyed -uid 
^aid out a military ro;id, to 1)C continued Irom Mars Hill, or such other 
point on the military road laid out in the State of Maine as he may think 
projK-r, to the mouth of the river Madawaska ; and to add, that the Lieu- 
Icuunt Governor of New Brimswick is under a misapprehension as to the 
■tj^ign of this (Jovernment to occupy Mars Hill as a military station ; no 
such inteDtion beini,' entertained by the I^resident, norhnve any measures 
ix'cn taken by this Governmenl with an ulterior view to that object. 

The undiTsiLMied indnlgtjs the hoj)(> that Mr. Vaughan will i)erceive,in 

^hc maimer in uhic h ihe President, discriminating between tlie rights of 

»ius Government and iheir present exercise, has used the discretion con- 

>&rrcd upon hirn, an additional evidence of the desire which he sincerely 



[ J3oo. No. 126. ] 19 

entertains, and which he hay hcretorore caused to h(! counaaiiicated to 
Mr. Vaughan, lliat both Govcrnnicnts slioiild, as far as ])racfical)le, abstain 
from all acts of authority over the territory in dis])Uti;, whicli are not of 
immediate and indispensable necessity, and whicli would serve lo create 
or increase excitement whilst the matter is in course of arbitration ; and 
he feels well persuaded that Mr. Vaughan will not fail to inculcate the same 
spirit, and to recommend, in the strongest terms, the observance of the 
same course on the part of the provincial Govermneut of New Brunswick. 

The undersigned offers to Mr. Vaughan the renewed assurances of his 
high consideration. 

M. VAN BUREN. 

To the Right Hon. Ciiaui.es R. Vaighan, S,-c. 



Mr. Vavghan to Mr. Fan Bureii. 

Washington, May 14, 1829. 

The undersigned, his Britannic Majesty's envoy extraordinary and 
minister plenipotentiary, has the honor to acknowledge the receipt of Mr. 
Van Buren's note dated 11th instant, and he derives great satisfaction 
from being able to communicate to his Majesty's Government the assu- 
rances which it contains, that the Government of the United States has 
never entertained the design of occupying Mars Hill; and that the Presi- 
dent, in the spirit of amity, forbearance, and conciliation, which he is de- 
sirous of cultivating between the two Governments, has decided to post- 
pone, for the present, the exercise of the authority vested in him hy the 
Congress of the United States, to cause to be surveyed and laid out a mili- 
tary road, to be continued from Mars Hill to the river Madawaska. 

The undersigned will transmit immediately a copy of Mr. Van Buren's 
note to his Majesty's Government: and he forbears, therefore, from ta- 
king notice of the observations which it contains relative to the exact po- 
sition of Mars Hill, and to the exercise of jurisdiction in the district on 
the northwest of it. 

The undersigned begs leave to renew to Mr. Van Buren the assurances 
of his highest consideration. 

CHARLES R. VAUGHAN. 

Hon. Martin Van Buren, 4'C. 



Mr. Vaughan to Mr. Van Buren. 

Washington, June 8, 1829. 
The undersigned, his Britamiic Majesty's envoy extraordinary and 
minister plenipotentiary, had the honor on the 7th March last to lay be- 
fore the Government of the United States a letter from Sir Howard 
Douglas, his Majesty's Lieutenant Governor of New Brunswick, in ex- 
planation of trespasses alleged by the Governor of the State of JNIassa- 
chusetts to have been committed by British subjects in the disputed terri- 
tory within that Province. The Lieutenant Governor announced 'his 
intention, in that letter, of sending a magistrate into the district where the 
proceedii-igs complained of had taken place, to ascertain the nature and 



20 [ Doc. No. 126. ] 

extent oi the alleged tivspasse.«, and alU'iwards to make a report to his 
excellency. 

The report of the magistrate having been received by Mr. Black, who 
has been commissioned by his Majesty to administer the Government of 
New BrnnsNvick dnring the temporary absence of Sir Howard Douglas. 
a copy of it has been transmitted to the undersigned, and he begs leave 
to submit it to the consideration of the Secretary of State of the United 
.States, together with an extract of the letter of Mr. Black which accom- 
panied it. 

As it appears by the report of Mr. Maclauchlan, the magistrate, that 
some American citizens settled on the disputed territory arc implicated in 
the trespasses which have been committed, Mr. lilack, the President and 
Comiuissioner-in-chief of the Government of New Brunswick, suggests the 
propriety of an officer being appointed by the Government of the United 
States to act in concert with the British magistrate, in preventing further 
depredations. 

The undersigned has received from Mr. Black the most satisfactory as- 
surances that it will be his earnest study to adhere scrupulously to the 
good feeling and conciliatory conduct towards the United States, whick 
has been observed by Sir Howard Douglas. 

The undersigned seizes this opportunity to renew to Mr. Van Buren.. 
the assurances of his distinguished consideration. 

CHARLES R. VAUGHAN. 

Hon. Maktix ^'A^' Buren, S,'c. 



Extract of a lettei' from William Black, Esq., President and Com- 

77\issioncr-i)i-cliieffor administering the Government of Neio Brims- 

ivick, dated 

Frederickton, (New Brunswick,) May 11, 1S29. 

Having just obtained, through the commissioner of Crown lands, the 
report of Mr. Maclauchlan, the magistrate appointed by Sir Howard 
Douglas to go and inipiire into the alleged trespasses on the disputed ter- 
ritory, I have the honor herewith to enclose the same for your information. 
From what that ollicer states respecting the proceedings of a Mr. Dennis 
Fairbanks and others, including Baker, and the conniving conduct of the 
land agents for Massachusetts and Maine, I am induced to submit to your 
excellency's consideration the propriety of an officer being appointed by 
the General Government of the United States, to act in concert with Mr. 
Maclauchlan, in unarding against further depredations and the infraction 
of the existing understanding between the two Governments, until the 
pending question shall be decided. 

I have, &c. 

WILLIAM BLACK. 

To thr KiL'ht linn. C. K. Vauguan, <Sr. 



Dki'Ahi'.mkni' or ( itoww Lands and Forests, 

Frcdvricklon, May 11, 1829. 
Siu : I luive the honor to transmit, for your honor's hiformation, a copy 
of a report received by me from J. A. JMaciuuclilan, Esq., on the subject 



[ Doc. No. 126. ] 21 

of trespasses committed on the territory in dispute between the Govern- 
ment of his Majesty and that of the United States of America, 
I have the honor, &c. 

THOMAS BAILLIE, 
Commissioner Crown Lands. 
His Honor William Black, Esq., 

President and Coinmissiona'-in-chief, S^'c. 



Parish of Kent, York County, 

April A, 1829. 

Sir : In comphance with the instructions received through your office 
from his excellency the Lieutenant Governor, bearing date the 13th 
February last, I have now the honor to acquaint you of my having, agreea- 
bly to those instructions, proceeded to the parish of Kent, on the river St. 
John : and, after chooshig a suitable residence for myself a few miles 
below the Restook and Fohique rivers, I proceeded to inspect the territory 
in dispute between the Governments of Great Britain and the United 
States, for the purpose of ascertaining the extent of an alleged trespass by 
British subjects in erecting mills and cutting pine timber, as stated in a 
memorandum of Mr. Coffin, the land agent for Massachusetts, and for- 
warded to his Majesty's minister at Washington. 

In order, therefore, to obtain the most correct information on this head, 
I deemed it of importance to trace that part of the north or exploring line 
between the road leading from the Woodstock settlement to Houlton, and 
where the said line intersects the river St, John, three miles above the 
Grand falls ; being convinced, by such an arrangement, that I must detect 
any trespass made on that portion of the territory, excepting any settle- 
ment which might have been established on the tributary streams. 

Having then traced the line as described, for a distance of upwards of 
sixty miles, and which I beg to assure you I had great difficulty in effect- 
ing, owing to the very imperfect manner in which it has been extended, 
not having been sufficiently blazed, or underbushed, (so termed by sur- 
veyors;) and from which circumstance I found it absolutely necessary to 
have it reblazed the greater part of the distance, for the future guid- 
ance of the public, as well as myself, during the pending negotiation ; 
the only trespasses I detected were those communicated to you on the 
1.3th and 23d ultimo, of Henry Morehouse and Charles McMullen: the 
former having cut and hauled into the acknowledged territory, above the 
Restook, 45 trees of white pine, making probably one hundred tons of 
timber, and leaving unhaided (by my orders) within the disputed territory 
150 trees, making 400 tons. 

The latter trespass, by McMullen, is 19 trees of white pine, about 50 
tons, which were cut above the river Des Chutes, not far from Mars Hill, 
and hauled to the St, John, 

With reference to Mr, Coffin's memorandum, it would appear that that 
gentleman had no knowledge of the persons erecting mills on the Restook. 
There are at present two mills erecting, which will be put in operation 
early in the spring. The grist-mill is building on a tributary stream called 
the Carraboo, which discharges from the left bank of t!ic Restook, about 
ten miles above the exploring line; and a double saw-mill on the Presque 
sle, that empties itself on the right bank, 26 miles up. 



22 [ ])()('. N(K 12(). ] 

Th»' o:rist-mill was begun by a person o\' the name of Vaup-han, from 
Nova Scotia, but who has since sold liis riy^ht and title to AVilHam Pyles, 
(an Aineriean,) ant! Jonathan Packs, from this river. With respect to the 
jviw-mill, this is owned by Dennis Fairbanks, of the State of Maine, who 
has now sufficient logs cut to make 100,000 feet of boards. 

Mr. Fairbanks, on returning with his family fiom Maine, on the 27th 
ultimo, to j)roceed up the Rcstook, having heard of my inquiry respecting 
his establishment on that river, called at my residence, which allbrded me 
an opixntunity of a.scertaining what authority he had for commencing his 
mill, and to procure timber for the same. He stated that he had made 
application to his Government (State of Maine) for a title of the situation 
he holds in possession on the Restook, together with leave to procure such 
timber as he might recpiire. This, however, was not granted : but he 
was informed that, if he cut any timber, the same must be accoimted for 
to Mr. Colfin and Doctor Daniel Rose, the land agents for the States of 
Massachusetts and Maine. 

I tlien asked iMr. Fairbanks if the agents were knowing to his estab- 
lishment; when his reply was in the affirmative, having rix^ntioned it to 
them in October last, at the time they were through togc'iier, from Houl- 
ton to the river Dcs Chutes. 

Mr. Fairbanks lias received instructions from his Government to take 
an account «»f all timber cut to the M'estward of the cxplorin<r line. 

The number of settlers now on the Restook is about thirty, of whom 
twenty have lamilies ; there are nine Americans, three of whom were 
discharged from the New Brunswick regiment, and received the military 
locations on tliis river, together with nearly two years' provisions. The 
remainder of the settlers are from Ireland, Nova Scotia, and this Province. 
However, almost the whole of these persons had property on the river St. 
John, which was taken from them for debts incurred bylumbering ; and 
th<*y imagined, by occupying land above the exploring line on the Restook, 
tliey were out of the reach of the civil power of this Province, in which 
they have found themselves mistaken. 

I find the persons who have lumbered this season above the north or 
exploring line, on the river St. John, are Americans, with the exception of 
one. They are as follows: Abraham de May (Canadian) has cut 100 tons 
ol whitc-piiK- timber, nine miles above the Grand falls. 

John JJakcr, who lives at the Marcumpticook stream, where he has 
mills 1.) miles above the Madawaska river, has SOO white-pine logs. 

Messrs. Daniel Savage and Bartletl, at the Fish-river mills, six miles 

abov(! liaker's, have 1.50 tons of whito-pinc^ timber, and between 400 and 
500 lot's. 

Ow.;n FitzL'oral.l, who resides seven miles above Fi.sli river, has 150 
tons of while-pine timber. 

I have not been able to ascrtain by Avliat authority these persons have 
olitanied their lumber; but as Mr. Fairbanks ai)i)ears to have an indirect 
jn'rmis.sion to proeur.! his, I think it not miiiUely they may have availed 
ili.iiisrlves of ill. • s;iiiic privilege ill ol»t;i jiiiiig theirs. 

I have, &c. , 

J. A. .MACI.AUCIILAN, 
Dvjnilii Cni/niiissinncr of Crown Lands and Forests 
Hon. Thomas Haim.!!;, 

('(nnrni.ssioiirr of Crown Lands, byv. 



f Doc. No. 12f>. J 22 

Mr. Bankhead to Mr. Livingston. 

Washington, October 1, 1831. 

The undersigned, liis Britannic Majesty's charge d'atlaircs, has the 
honor to acquaint Mr. Livingston, Secretary of State of the United States, 
that he lias received a comnumication from his Majesty's Lieutenant Gov- 
ernor of New Hrunswick, stating that the authorities of Maine have eiA- 
deavored to exercise a jurisdiction over part of the territory at present in 
dispute between his Majesty and the United States : and further, that an 
order has been issued by a justice of the peace for the comity of Penob- 
scot to the inliabitants of the town of Madawaska to assemble for the piu- 
pose of choosing municipal oificers. 

The undersigned regrets sincerely that these irregular proceedings should 
have been had recourse to, during a period when the question of bounda- 
ry is in a coiu'se of settlement, and in opposition to the desire expressed 
by the President, that, pending the discussion of that question, the State 
of Maine should refrain from committing any act which could be constru- 
ed into a violation of the neighboring territory. 

The undersigned begs leave to submit to the Secretary of State several 
documents which he has received from Sir Archibald Campbell, in sup- 
port of his complaint of a violation of territory ; and the undersigned en- 
tertains a confident hope that such measures wih be adopted as shall pre- 
vent a recurrence of acts, on the part of the authorities of the State of 
Maine, which are productive of so much inconvenience, and which tend 
to disturb that harmony and good-will so necessary to be preserved be- 
tween the two countries. 

The undersigned has the honor to renew to Mr. Livingston the assu- 
rances of his distinguished consideration. 

CPIARLES BANKHEAD. 

To the Hon. Edward JjIvingston, Sfc. 



Cojjies of documents which accompanied Mr. Bankhead'' s note to Mr. 
Livingston, dated October 1, 1831, 



NOTICE. 



By a warrant to me directed from William D. Williamson, Esq., one of 
the justices of the peace for the county of Penobscot and State of Maine, 
this is to notify and warn the inhabitants of the town of Madawaska. 
qualified to vote in town affairs, to assemble at the dwelling-house of Mr. 
Peter Ligott, on Saturday, the 20th August, 1831, at one of the clock in 
the afternoon, to act on the following articles, viz : 

1st. To choose a moderator ; 2d, to choose a clerk of the said town j 
3d, to choose selectmen ; 4th, to choose constables. 

WALTER POWERS, 
By order of the said Justice. 
True copy : 

J. A. MACLAUCHLAN, 
Warden of the disputed territori/\ 
Madawaska, August 19, 1831. 



•21 [ Doc. No. 126. ] 

Statk ok Maink. 

Tit IWilter Powrrs, of Maddicaska, in said county, greeting : 

Voii are hereby required, in the luiine of the State of Maine, to notify 
and warn the inhabitants of said Madawaska, ([ualified to vote in town 
artrtirs, to meet at .Mr. Petur Ligott's dweUing-house, in said town, on 
Saturday, the 20th day of August, 1831, tlien and there to act on the fol- 
lowing articles, and to transact such other business as may come before 
them : 

1st. To choose a moderator to govern said meeting ; 2d, to choose a 
town-clerk ; 3d, to choose selectmen ; 4th, to choose constables and all 
other town olRcers. 

And you are hercliy further required, in the name of the State of Maine, 
to make a return of this warrant, with your doings therein at the said 
meeting, at which you will preside until a moderator be chosen. 

Given under my hand and seal, at Bangor, in said county, the eleventh 
dav of July, one thousand eight hundred and thirty-one. 

WILLIAM D. WILLIAMSON, [l.s.] 

Justice of the Peace, <^'C. 
True copy : 

J. A. MACLAUCHLAN, [l.s.] 
Mauawaska, v^ugust 20, 1831. 

The otficers as referred to in the above instrument were actually cho- 
sen in by American residents in the upper part of the Madawaska settle- 
ment : and tlie several officers were sworn in to perform the duties re- 
quired of them. 

J. A. MACLAUCHLAN. 



Mr. Lii'ini>;slo)i to Air. Bankhead. 

Department of State, 

Wafihington, October 17, 1831. 

Siu : liiiuiediately after receiving your note of the 1st histant, I wrote 
to the (iovernor of the State of Maine for information on the subject of 
it. I have just received his answer, of which I have the honor to enclose 
two extracts. Hy the first, you will perceive that the election of town 
officers in the settlement of Madawaska, of which complaint was made 
in tlu; |>ap('rs enclosed in your letter, was made under color of a general 
law, which was not intended by either the executive or legislative authori- 
ty of that Slate t(j be executed in that settlement, and that the whole was 
the work of inconsiderate individuals. 

JJy th«- second extract, it will appear that the individuals said to have 
been niost prominent in seltinu up the authority of the State have been 
arrested l)y order of the LicMiteiianl (iovernor of the Province of New 
nrnnswi«-k, and were on their way to l)e imprisoned at Frcderickton. 

The imiovali«»n on the existing slate of lliin<:s in the disputed territory 
beini; distniclly disavowed by the executive authority of the State, no act 
of authority or exercise of jurisdiction iiaving followed the election, I 



[ Doc. No. 126. ] 25 

would respectfully suggest tlir jjiopricly of your rcconuuoiuliug to the 
Lieutenant Governor of New Brunswick (lie release of tin' prisoners wiio 
were arrested for exercising this act of authority in the territory nuitually 
claimed by the two nations, contrary to the understanding between their 
Governments. It is their avowed object to avoid any collision until the 
intention of both parties in relation to the award shall be fully known. 
All subjects calculated to produce irritation, therefore, ought evidently to 
be avoided. The arrest of the persons concerned in the election nuist 
produce that teeling in a high degree. A conviction cannot take place 
without eliciting a decision from the bench declaratory of, and enforcing, 
the jurisdiction over the territory in dispute, which it is the present policy 
of both Powers to avoid, at least for the short time that must elapse before 
the question can be finally settled. If punishment should follow convic- 
tion, the passions that would be excited must inevitably be hostile to that 
spirit of conciliation so necessary where sacrifices of national feeling and 
individual interest are required for the common good. It would be absurd 
here to enter into the question of title. Both parties claim it. No act 
that either can do is necessary to assist its right, while there is hope of an 
amicable arrangement; and it was with this view of the subject that a 
mutual understanding has been had, to leave things in the state in which 
they are until the question of the award is settled. 

On the part of the Americans, some individuals, in contravention of tliis 
understanding, have proceeded to do acts which, if followed out, would 
change the political state of part of the disputed land. But it has not 
been so followed out ; it is disavowed by the Power whose assent is neces- 
sary to carry it into execution. It is, therefore, of no avail, and can have 
no more eflect, than if the same number of men had met at Madawaska, 
and declared themselves duly elected members of the British Parliament. 
The act interferes with no right ; it comes into actual collision with no 
established power. Not so the punishment of the individuals concerned. 
This is at once a practical decision of the question, and may lead to retali- 
ating legal measures; for, if the Lieutenant Governor of New Bruns- 
wick feels himself obliged,. as he says he does, to impose the authority of 
the law within which he thinks the boundaries of his Province, will not 
the same feeling incite the Governor of Maine, under the same sense of 
duty, to pursue the like measures ? And thus the fruits of moderation and 
mutual forbearance, during so long a period, will be lost for the want of 
perseverance in them for the short time that is now wanting to bring the 
controversy to an amicable close. It is therefore, sir, that I invite your in- 
terposition with his excellency the Lieutenant Governor of New Bruns- 
wick, to induce him to set at liberty the persons arrested, on their engage- 
ment to make no change in the state of things until the business shall be 
finally decided between the two Governments. 

On our part, the desire of the General Government to avoid any meas- 
ures tending to a change in the existing state of things on our Northeast 
boundary has been fully, and, it is believed, efficaciously, expressed to the 
Executive of the State of Maine; so that the actual relation of the State 
with the neighboring Province will not, in future, suffer any change. 

I have great pleasure, sir, in renewing, on this occasion, the assurance 
of my hish consideration. 

EDWARD LIVINGSTON. 

Charles Bankhead, Esq., ^'C. 



2G [ Doc. Xo. 126. ] 

Mr. Jianfiluinl to Mr. /Jrhii^slon. 

Washington, October 20, 1831. 

'Vhv undersigiunl, liis IJriiaiiiiic Majesty's charg6 d'affaires, has the 
lionor to acknowledge the receipt ol" JNIr. Livingston's note of the 17th in- 
stant, in answer to a rejiresentation which the undersigned thought it his 
duty tt) make to the Ciovernnient of the United States, upon a viola- 
tion coinniitted upon tiu; territory at present in dispute between the two 
countries. 

The friendly tone assumed by the Secretary of State in this communi- 
cation ; the discountenance, on the part of the General Government, of the 
proceedings whicli were complaine.?! of; and the determination of the 
President to cause the strictest forbearance to ]>e maintained, until the 
question of bonndary shall be settled, have been received 1 y tlic under- 
signed with great satisfaction ; and it is in the same spirit of harmony 
that he has addressed a letter to his Majesty's Lieutenant Governor of 
New Brunswick, enclosing a copy of JNIr. Livingston'.'^: note for his excel- 
lency's serious consideration. 

TJie undersigned has the honor to renew to Mr. Livingston the assu- 
rance of his distinsuished consideration. 

CHARLES BANKHEAD. 

Tht- linn. KuwAiii) LnixGsTON, Esq. ^^c. 



Mr. Bankhcad to Mr. Livingston. 

Washington, October 22, 1831. 

Tiie undersigned, his Britannic Majesty's charge d'affaires, has the hon- 
or to transmit to the Secretary of State of the United States, the copy of 
a letter from his Majesty's Lieutenant Governor of New Brunswick, en- 
closing a dejiosition made before a justice of the peace of that Province 
in support of a charge against certahi inhabitants of Houlton, in the State 
of Maine, for having made a forcible inroad on the territory of his Ma- 
jesty in search of an Irishman, (an inhabitant of Woodstock, New Bruns- 
wick,) who committed a most violent outrage against the constituted au- 
tliorities at Iloulton. 

The Lieutenant Governor deprecates, in the strongest maimer, the in- 
famous conduct of the individual in question, and is perfectly ready to 
exert the utmost rigor of the laws against him ; but his excellency, at 
the same time, protests against the conduct of those persons who have 
thus attempted to interfere with th(> jurisdiction of the laws in his Ma- 
jesty's possessions. 

Tender these circumstances, the undersigned has to request that Mr. 
Liviny-stftn will be ijood enough to cause the lu^cessary inciuirics to be in- 
stituted into this transaction ; an(l,uj)on the charges being clearly proved, 
that he will make sucji a representation to th(^ authorities of the State of 
Maine as shrdi |»revenl the recurrence of a similar irregularity in future. 

The nnriersigned has the honor to reiw^w lo Mr. Livingston the assu- 
rances of his distinguished consideratinn. 

('II AKLES BANKHEAD. 

Hon. I'hiW AUK LiVINJtSTON, 

Secretary nf State. 



[ Doc. No. 126. ] 27 

Fkkderickton, October 3, 1831. 

Sir : I regret the neccssily 1 am under of bringing to your notice an 
miautliorized violation of the territory of this province, by an American 
party from Houhon town, as set forth in the enclosed deposition, m search 
of an Irishman residing in the parish of Woodstock. Tlie cause of this 
proceeding arose, I beheve, as follows : 

A brother of the said Irishman had, it appears, been working on the 
new line of military road from Bangor \o Lloulton, when a serious affray 
took place between the Irish and Americans employed on the road; in 
consequence of which, this person, probably with others, was committed 
to jail : the brother, our subject, went to Houlton, in the hope of procu- 
ring his release ; hi failure of which, he most atrociously, from motives of 
revenge, discharged a fowling-piece or nmsket loaded with slugs, into the 
room where the "magistrate of the place was sitting, happily without ef- 
fect, though no doubt intending to destroy him. 

The villain who was guilty of this deed of atrocity has fled the country. 
His conduct cannot be too strongly reprobated, and no punishment could be 
too great for his oflence. Still I am certain that you will agree with me, 
that no act of this or any other miscreant could, under any circumstances, 
justify the authorities of the United States in the violation of our terri- 
tories, and attempted interference with the jurisdiction of our laws. 

I am thus particular in bringing the matter before you, from under- 
standing that our neighbors intend demanding that the oftender be given 
up to them ; while I am equally desirous that such an improper mode 
of seeking for redress as that resorted to on the occasion should not be 
suffered to pass without observation. 

I have tlie honor, &c. 

ARCHIBALD CAMPBELL, 
Major General and Lieutenant Governor. 

Charles Bankhead_. Esq., 4'C. 



York, New Brunswick. 

Personally appeared on the 24th day of September, before me, .John 
Bedell, Esq., one of his Majesty's justices of the peace for the county 
of York aforesaid, James McGee, of the parish of Woodstock, in the 
aforesaid county of York, who, being duly sworn upon the Holy Evan- 
gelists of Almighty God, deposeth and saith : Tliat, on Friday night, the 
16th of this instant September, about eleven or twelve o'clock at night, a^ 
number of armed men from the settlement of Houlton, in the State ot 
Maine, and in the United States of America, came to his (the deponent's) 
house, and knocked at the door, when he asked what they wanted ; the 
answer was, they wanted Campbell. He told them at their peril, and in 
the King's name, not to attempt to come in; upon which they damned him 
and the King, and immediately proceeded to breaking the door, when 
they rushed into the room, to the number of fifteen or sixteen men, (a 
number more being around the house,) when they immediately began 
searching the house, breaking up every thing that would conceal a man, 
using threats to shoot any man that should make resistance. He (the depo- 



28 [ Doc. Xo. 126. ] 

neat) then desired they would not break up and destroy the room, saying 
that, if tliey would desist, lie would give theni a bond tor fifty pounds as 
security that ("auipboll shoidd be next day given up to the magistrates 
of the county ; that, if guiUy of any crime, lie might be punished; but to 
this they paid no regard: liis daughter, a young woman of about nine- 
teen years of age, at the same time being through fright thrown into fits, 
and they refused to let him send for a neighbor for assistance ; the mother 
likewise, from friglit and ill usage she received from the party, being 
unable to render her daughter any assistance. 

Kom- of the party, viz : Elwynn Packwood, John Tinney, John Basse- 
ford, William .lames, the three former being peace officers, were known 
to be of the mimber. 

JAMES McGEE. 

William dray and Hugh Russell, being likewise duly sworn, deposed 
to all the facts above stated ; they being present in the house. 

WILLIAM GRAY, 
HUGH RUSSELL. 

JOHN BEDELL, 
Justice of the Peace. 
True copv : 

ARCH'D CAMPBELL. 



Mr. Eankhcad to Mr. Livingstoji. 

Washington, November 25, 183L 

The undersigned, his Britannic Majesty's charge d'affaires, has the 
honor to refer the Secretary of State of the United States to the cor- 
respondence which took place in the month of October, upon the subject 
of violations wliif h had been connnitted upon the territory at present in 
disjtute between (ireat Britain and the United States, and the measures 
which his Majesty's Lieutenant Governor of New Brunswick deemed it 
expedient to adopt thereupon. 

The trial of these persons took place at Frederickton, and they were sen- 
tenced by the supreme court of the Province to fine and imprisonment. 

At the linje the vmdersigned coinuumicated to the Government of the 
United States the decision which the authorities of New Brunswick had 
felt it necessary to adojit upon this occasion, he expressed the deep regret 
of the (;ovcrnor of that Province that the conduct of these individuals 
was such as to compel his excellency to pursue a course so uncongenial 
to his own fe«!lings, and at variance with tlic harmony which subsists be- 
tween the Governments of (Ireat Britain and the United States. 

Th«' Secretary of Slate, upon receiving this conmiunicalion, expressed 
to the undersigned iju! earnest desire of the I^resident, upon a total disa- 
vowrd on tin- jiari of the General Government of the proceedings of tjie 
persons ini|)lieate(l in this transaction, that his Majesty's Lieutenant 
(iovernor nuuhl consider himself authori/ed to exercise a prerogative in 
their favor, and to remit the sentence wliirh had lieen pronounced against 
them. 



[ Doc. No. 126. ] 2^ 

No time was lost in submitting Mr. Livingston's note to the considera- 
tion of Sir Archibald Canii)bcll; and the iindersii^nied has the greatest 
satisfaction in acquainting him that iiis excellency fully ac([uiesced in the 
desire manifested by the President of the United States. The undersign- 
ed cannot better fulfil the wishes of Sir Archibald Campbell, which are 
so much in accordance with that spirit of good-will which happily sub- 
sists between the two countries, and which characterizes their relations 
with each other, than by transmitting to the Secretary of State a copy of 
the despatch which he yesterday received from that olliccr; and which he 
feels assured will be received by the President as an earnest of his unin- 
terrupted good feeling towards the Government and people of the United 
States. 

The undersigned has the honor to renew to Mr. Livingston the as- 
surance of his highest consideration. 

CHARLES BANKHEAD. 

Hon. Edward Livingston, ^'C. 



Sh' ^.^rchibald Campbell to Mr. Bankhead. 

Government House, 

Frederickton, Noveinber 8, 1831. 
Sir: I had this morning the honor to receive your letter of the 20th 
f ultimo, which, with its enclosures, are, in every respect, so satisfactory, 
khat I did not lose a moment in giving eifect to the wishes therein ex- 
pressed, by exercising that prerogative so congenial to my own feelings, 
I whether viewed in the extension of mercy, or in the gratifying anticipa- 
i tion of such a measure being received as an earnest of my most anxious 
I desire, as far as rests with me, (consistent with my public duties,) to pre- 
serve inviolate the harmony and good understanding so happily existing 
between the two Governments. The prisoners, Barnabas Hunnewell, 
Jesse Wheelock, and Daniel Savage, are released ; and I have taken it 
upon myself, knowing that such a measure will be fully sanctioned by 
my Government, to remit the fines imposed by the supreme court of this 
Province, as already communicated to you by Lieutenant Colonel Snod- 
grass ; an act that I trust will not fail in being duly appreciated, ivhen 
it is known that the above-mentioned individuals did, with several others, 
follow up their first proceedings by acts of much more serious aggression, 
for which they stood charged under another (untried) indictment : how- 
ever, every thing connected therewith is now corrected. 

You will see with what readiness and satisfaction I have received and 
adopted your kind advice, for which accept of my sincere thanks; and be- 
lieve me to remain, sir, &c. 

ARCHIBALD CAMPBELL, 

Lieutenant Governor. 



30 [ Doc. No. 126. J 

Mr. Liv'uii^slon In Mr. Bankhead. 

Dki'aktjment of State, 

jrashing/071, November 28, 1S31. 

The undersigned, Secretary ol" Stale, &c., has the honor to acknowledge 
the receipt ol' a note from >Ir. Hankhead, his Britannic Majesty's charg6 
d'urtaires, under date of liic 25th instant, accompanied by a copy of £P 
letter from Sir A. Campbell, tlic Lieutenant Governor of the Province of 
New Brunswick ; by both of which, the Secretary of State is informed 
that tlie citizens of the United States lately under prosecution at Frederick- 
ton, for acts done in the territory now possessed by Great Britain, within 
the country claimed both l)y thai Power and the United States, have been 
set at liberty, in accordance with the suggestions made in the former cor- 
respondence between Mr. Baiikhead and the Secretary of State. 

Mr. Bankhead's note, with its enclosure, has be^n laid before the Presi- 
dent, who has iiistrncted the undersigned to express his satisfaction at the 
prompt manner in which his sugge.3tions have been complied with ; and 
to say, that he considers it as a proof of the disposition of his Britannic 
Majesty's ollicers to preserve the harmony that so happily subsists 
between the two Goverinnents. The undersigned renews to Mr. Bank- 
head the assurance of his liigli consideration. 

EDWARD LIVINGSTON. 

Charlks Bankhead, Esq., &rc. 



Sir Charles R. J'aughan to Mr. McLane. 

Washington, October 20, 1833. 

The undersigned, liis liritannic Majesty's envoy extraordinary and 
minister plenipotentiary, lias the honor to lay before the Secretary of 
State of tlie United States a copy of a letter which he has received from 
his excellency Sir Archibald Campbell, his Majesty's Lieutenant Gover- 
nor of New Brunswick, and to call his attention to the conduct of certain 
land agents of the States of Maine and Massachusetts, in the territory in 
dispute l)etween Great Britain and the United States. 

It apjjears by the report contained in Sir Archiliald Campbell's letter, 
that land ;ments of Maine and Massachusetts have been holding out in- 
ducements to persons of both countries to cut pine timber on the disputed 
territory, <»n condition of jjuying to tlifMn two shillings and six pence the 
ton, and that they have entered into contracts for opening two roads which 
will intersect the Restook river. 

As it is the declared will and nnilual interest of the Governments of 
Gr<!at Britain and of the United States to jireserve the disputed territory 
m its present state, and to avoid all collision jiendiug the settlement of the 
boundary <iuesti()n, the undersigned is convinced that it is sutlicient to 
ensure the pronipt interference of the Government of the United States 
to put a stop to tli(; proceedings of these land agents, to state the conduct 
complained of 

The midersigned has the honor to renew to Mr. McLane the assurance 
of his most distinguished cousideration. 

CHARLES R. VAUGHAN. 

The Hon. Louis McLane, ^'C. 



f Doc. No. 126. J 31 

Fredeiuck'J'on, Nkw Brunswick, 

Ocluber 3, 1833. 

Sir : Herewith I have the honor to transmit a letter just received from 
Lieutenant J. A. Maclanchlan, warden of the territory in dispute between 
the British Government and that of the United States, by wliich it will 
be seen that an infringement is reported to have been made (on the under- 
standing which at ))resenl exists between the two countries) by certain 
land agents of the States of Maine and Massachusetts. 

Your excellency will, I feel assured, take the necessary steps with the 
General Government to cause an immediate stop to be put to such pro- 
ceedings, which cannot but prove highly prejudicial to the maintenance 
of that good feeling now so ha})pily entertained between the respective 
Governments. 

I have the honor, &c. 

ARCHIBALD CAMPBELL. 

The Rt. Hon. Sir Charles R. Vaughan, G. C. //., <^-c. 



Restook, Septemher 28, 1833. 

Sir: I feel it my duty, as the officer in charge of the territory in dispute 
between the Government of his Majesty and that of the United States of 
America, to bring under the early consideration of your excellency a sub- 
ject which I am fearful may shortly lead to a misunderstanding between 
the two countries. 

Since I have had the honor of the appointment of wardcrn of this ter- 
ritory, I have endeavored, as much as possible, to prevent trespasses 
being made by the cutting of pine timber, &c., and which I am happy to 
say has been generally effected, as it is well known that there are now 
quantities still standing adjacent to the line, from JNIars Hill to the Great 
falls, which would otherwise have been removed: and the only timber 
of any consequence that has been manufactured, was on tiie Restook 
river, by persons settled there, without any intention of making a busi- 
ness of it, but each getting small quantities (and in many instances off 
land they held in possession) for the maintenance of their families, which 
were actually in want, owing to the crops of the last two years being de- 
stroyed by early frosts. 

The subject to which I must now beg the honor to call the attention of 
your excellency is, that of an infringement of the understanding between 
the Governments of Great Britain and the United States, during the set- 
tlement of the question of boundary, by the land agents of the States of 
Massachusetts and Maine, who are not only holding out inducements to 
the subjects of both countries to cut pine timber on the territory in my 
charge, by paying them a duty of two shillings and six pence a ton, but 
have entered into contracts for opening two roads to intersect — one fifty 
miles from its continence with the St. John's, and the other thirty miles; 
both of which are either to be completed this fall or early the next season. 

It is unnecessary, and probably might be considered improper on my 
part, to animadvert on the conduct of these agents; but your excellency must 
be well aware of the trouble it occasions in the performance of my duty; 
^d certainly there does appear something exceedingly inconsistent that 



3-2 [ Doc. No. 126. j 

the land agents of these States should attempt to counteract the wishes, nay, 
I may ahuost say, the instructions ofboth Governments, to an officer who 
has been a]»pointed to prevent collisions between them. 
I have the honor, &c. 

J. A. MACLAUCHLAN, 
IVarden of the disputed territory. 
His Excellency Maj. Clcn. Sir Akchibald Camphell, «Si'C. 



Mr. McLane tu Sir C/mrles R. Vaiighan. 

Department of State, 

Washington, October 23, 1833. 

The undersigned, Secretary of State of the Unifed States, has the hon- 
or to acknowledge the receipt of the note of Sir Charles R. Vaughan, en- 
voy extraordinary and minister plenipotentiary of his Britannic Majesty, 
of the 20th instant, accompanied by a copy of a letter from Sir Archi- 
bald Campbell, Lieutenant Governor of New Brunswick, to Sir Charles 
R. Vaughan ; and also of a letter from J. A. Maclauchlan to the Lieu- 
tenant Governor of New Brunswick, complaining of the " conduct of 
certain land agents of the States of Ahiinc and Massachusetts, in the ter- 
ritory in dispute between the United States and Great Brhain." 

The undersigned is instructed to state that it would be a source of re- 
gret to the President, should this complaint prove to be well founded ; 
and that he has caused a copy of Sir Charles's note, and of the accompa- 
nying papers, promptly to be comnumicated to the Governors of Maine 
and Massachusetts, in order that the necessary steps may be taken to en- 
force a due observance of the terms of the existing arrangement between 
the Government of the United States and that of Great Britain, in regard 
to the disputed territory. 

The undersigned avails himself of the occasion to renew to Sir Charles 
R. Van2han the assurance of his distinguished consideration. 

LOUIS McLANE. 

The Right Hon. Sir Charles R. Vaughan, <§-c. 



Sir Charles li. Vavghan to Mr. McLane. 

Washington, December 17, 1833. 

The inidcrsit,Miod, ills Britannic Majcsty'senvoy extraordinary and min- 
istur plenipotentiary, regrets that a letter received from his Majesty's 
Lieutenant Governor of New Brunswick should again require him to ask 
the intervention of tin; Cleneral Government of the United States to put a 
stop to certain proceedings of the State of Ahune in the territory still in 
disj)nte between Great Mritnin and the United States. 

'I'lie enclosed letter, with the report whic'i acconipaiii<'s it, shows that 
the State of Maine has opened a road beyond the conventional frontier, 
with the avowed intention of carrying it to the bank of the river St. John. 

'J'Jie undersigned is convuiced that llie Secretary of State of the United 



[ Doc. No. 126. ] 33 

States will agree with him, that the State of Maine must not be allowed to 
take upon herself the rii;;lit to deiine the meaning of the treaty of 1783; and 
by aggressions, sueii as those against whieh llie undersigned is called uj)on 
to remonstrate, to take possession, without reference to the General Gov- 
ernment of the United States, of territory which has been so long in abey- 
ance between the two Govermnents. Such conduct is calculated to lead 
to coUisions of a distressing nature between die subjects of his Britannic 
Majesty and the citizens of the United States employed to assert a fu- 
tile and hazardous possession, which so entirely depends upon tlic ar- 
rangements in progress between the two Governments. 

The undersigned trusts that the representation made in this note will 
be received by^he Secretary of State in the same spirit of good-will and 
conciliation which has hitherto characterized the conduct of the Govern- 
ment of the United States hi all occurrences of a similar nature. 

The undersigned has the honor to renew to Mr. McLane the assurance 
of his most distinguished consideration. 

CHARLES R. VAUGHAN. 

The Hon. Louis McLane, S,'C. 



Frederickton, N. B., November 30, 1833. 
Sir : I have the honor to transmit to your excellency another report 
from the Avarden of the disputed territory, which must satisfy the Ameri- 
can Government that we have not been deceived with respect to the de- 
signs of the Government of Maine upon the country under notice. 

It appears unnecessary that I should offer any lengthened observations 
upon the decisive and menacing measure which the authorities of Maine 
have at length unfortunately resorted to, in opening a road beyond the 
conventional frontier of the two countries, with the avowed intention of 
carrying it forward to the banks of the St. John's. 

Your excellency is aware that the territory thus virtually invaded, al- 
though often claimed as American, has never ceased to be under the rec- 
ognised jurisdiction of Great Britain ; and the Provincial Government 
would be scarcely justified in continuing to look tamely on at the system- 
atic and unprovoked violation of our rights ; but, however disposed to 
carry forbearance to its utmost limit, it will, I fear, be utterly impossible 
(if this road be persevered in) to prevent collisions of the most serious na- 
ture from taking place between the American laborers and the people of 
New Brunswick. 

Under these circumstances, it is not difficult to foresee that nothing 
short of some vigorous exercise of authority on the part of the General 
Government can save both countries from the evils with which we are 
threatened from the reckless endeavors of our neighbors to hurry on a cri- 
sis which it has ever been my constant and earnest study to avert. 

I have the honor, &c. 

ARCH'D CAMPBELL. 
The Rt. Hon. Sir Charles R. Vaughan, G. C. H., ^-c. 
3 



34 [ Doc. No. 1)16. J 

Restook, November 22, 1833. 

Sru: With reforcnco to my letter of llic 2Sth September Inst, I liaA'e 
ii(»\v tin' honor to ao([uaiiit your exeellency that tlie iip])cr road alhided to 
in my eommimieation has been openetl by the Americans as tar as the 
Restook river, about lil'ty-two miles from its contkience Avith the St. John's, 
and conseijuentiy passing through fifteen miles of the territory in dispute. 

This line of road, wiiich no doubt is intended to intersect tlie St. John's 
river in the Madawaska settlement, and in my opinion will be completed 
early next season, unless early steps are taken by the Government to pre- 
vent it, is now opened sixty-two miles, and unites with the military com- 
munication leadinir from Bangor to the garrison at Iloulton, at the forks of 
the Matawomkeag river. 

It has been cut out two rods or thirty-three feet in width, with twelve 
feet levelled, at an expense of thirty pounds a mile, and under the direc- 
tion of Messrs. Coliin and Rose, land agents for the States of Massachu- 
setts and Maine. 

I beg leave further to state to your excellency, the land on this road has 
•been surve)'ed for settlement, and settlers are already within twenty miles 
of the Restook. 

I have the honor, &c. 

J. A. MACLAUCHLAN, 
Warden of the disputed territory. 

His Excel'y Maj. Gen. Sir Akchibald Campbell, G. B. B.,8,'C. 



Mr. McLane to Sir Charles R. Vaughan. 

Departiment of State, 
TVashington, December 21, 1833. 

The undersigned. Secretary of State, has the honor to acknowledge the 
receipt of the note addressed to him on the 17th instant by Sir Charles 
R. N'aughan, his Britannic Majesty's envoy extraordinary and minister 
plfnipolt-ntiary, requesting the intervention of the Government of the 
United States to put a stop to certain ])roceedings of the State of Maine 
in the territory still in dispute between Great Britain and the United 
States. 

The proceedings relerred to appear, by the letter of the Lieutenant 
Governor nf New lirunswick, and the report of the otiicer acting on the 
part of(Jre:it Britain as warden of the dis))Uted territory, (copies of which 
accomp.-inied Sir Cii:irles K. X'aughan's note,) to be the construction of a 
road lit the Jiestook river, j)a.ssing, as is alleged, through fifteen miles of 
the disputed territory, and supposed by the warden to be intended to 
inlersj'ci the St. John's river in the Madawaska settlement. 

The undersiimed is hai)py to liave it in his power to alford, at once, 
such explanations upon this subject as he trusts may be satisfactory. ]iy 
;i cninmnniealioii received I'roni the Governor of Maini", in answer to a 
rejiresentalion recently made by Sir Charlies R. Vaughan concerning 
other alle^ied eiieroachnients on the disputed territory, it will be seen that 
no part of the roail now constructing by that State is believed to be within 
-Uie tcrriiorv of which the Briii.sh Government lias ever been in the actual 



[ Doc. No. 126. ] 35 

possession since the treaty of 1783 ; and lliat it is not designed to extend 
the road beyond the Aroostook. Tiio apprehensions entertained of its 
being extended to the St. John's river, in tlie Madawaska settlement 
appear, therefore, to be groundless ; and, if the views of the Governor of 
Maine as to the locality of the road be correct, it would seem that its 
construction can alford no just cause of complaint, as it is not supposed 
that such improvements, made by either party, within that part of the ter- 
ritory which has been in its possession, or so considered, since the treaty 
of 1783, are contrary to the spirit of the existing understanding between 
the two Governments. It will be seen, moreover, as well by the com- 
munication from the Governor of Maine as by one received from the 
Governor of Massachusetts, on the same occasion, that a conciliatory and 
forbearing disposition prevails on tlieir part, and tliat no measures will be 
taken, or any acts authorized by them, which may justly be considered as 
a violation of the understanding in regard to the disputed territory. 

The undersigned has, nevertheless, been directed by the President to 
transmit copies of Sir Charles R. Vaughan's note, and its enclosures, to 
the Governors of Maine and Massachusetts, and to repeat to their excel- 
lencies his earnest desire that, as far as depends on them, no departure 
from the understanding between the two Governments may be permitted. 

In regard to the complaint heretofore made by Sir Charles R. Vaughan, 
upon the representations of the Lieutenant Governor of New Brunswick 
and the warden of the disputed territory, as to the cutting and sale of 
timber under the authority of the land agents of Maine and Massachusetts, 
the undersigned begs leave to refer to the communications from the Gov- 
enors of those States already mentioned, copies of which are now trans- 
mitted, by which it appears that the conduct of those agents has furnished 
no just cause of dissatisfaction ; but that, on the contrary, it is alleged that 
his Britannic Majesty's officers of the Province of New Brunswick, by 
the seizure and sale of timber cut by trespassers on the Aroostook, and 
afterwards in the rightful custody of the agent of the State of Massachu- 
setts, have been the first to violate the existing understanding upon this 
subject. 

These complaints on both sides, arising, as the undersigned believes, 
from acts which do not on either side indicate an intention to disregard 
the existing understanding, but are attributable to the unsettled state of 
the boundary question, and which should, therefore, be viewed with mu- 
tual forbearance, furnish increased reason for a speedy adjustment of that 
interesting matter. And the President looks with great solicitude for the 
answer which is daily expected from the British Government to the prop- 
osition submitted on the part of the United States, in the hope that it 
may soon set all those difficulties at rest. 

The undersigned has the honor to renew to Sir Charles R. Vaughan the 
assurance of his distinguished consideration. 

LOUIS McLANE. 

The Rt. Hon. Sir Charles R. Vaughan, Envoy ^ Sfc. 



:}() [ Doc. No. 126. ] 

Executive Department ok Massachusetts, 

November 1, 1833. 

SiK : 1 iiave to acknowledge the honor of the receipt of your letter of 
the :*3d of October, covering i\ copy of a note addressed to you by Sir 
Charles W. \'auglian, envoy extraordinary and minister plenipotentiary of 
his Ihitannic Majesty, accompanied also by copies of certain documents 
conveying complaints on the part of the authorities of his Majesty's 
Province of New Brunswick '' of the conduct of certain land agents of the 
States of Maine ajid Massachusetts, on the territory in dispute between 
the United States and Great Britain." 

Permit mo to assure you that I shall lose no time in making inquiry of 
the land agent of this Connnonwealth into the supposed occasion of the 
comjilaints of his Majesty's provincial oliicers, and in transmitting to the 
Department of State such information as I may receive in reply. 

Prejudicial as the delay in the settlement of this long-vexed subject of 
boundary is to the rights of property which Massachusetts claims in the 
disputed teiTitory, and impatient as both the Government and the people 
have become at the unreasonableness and pertinacity of the adversary 
pretensions and with the present state of the cjuestion, yet the Executive 
of this Conmionwealth will not cease to res))ect the understanding which 
has been had between the Governments of the two countries, that no act 
oftvrong to the property of either shall be committed during the pend- 
ing of measi.u"es to produce an amicable adjustment of the controversy. 

In the mean time, I cannot but earnestly protest against the authority of 
any ap])ointment on the behalf of his Majesty's Government Avliich may 
be regarded as a claim to the executive protection of this property, or be 
deemed an acquiescence on the part of the United States in an interfer- 
ence, under color of a wardenship of the disputed territory, with the direc- 
tion to its improvement which the Governments of Massachusetts and 
Maine respectively may see fit to give to their agents. The rights of soil 
and jurisdiction over it are in the States ; and forbearance to the exercise of 
these rights for a season, from mere prudential considerations, a respectful 
regard to the wishes of the General Government, or amity towards a 
foreitm nation, is not to l)e construed into a readiness to surrender them 
ujxin the issue of any yn'oposed negotiation. 

I have the honor to be, sir, with sentiments ol tlie highest respect, your 
obedient servant, 

LEVI LINCOLN. 

'J'o ihr ildii. Louis McLane, 

Secretary of Slate (f tJie United States. 



Executive Department of Maine, 

Aufru3ta,Nmfember 23, 1833. 
SiK : I have the honor to acknowledge the receipt of your letter of 
the 23d of October last, cornnmnicatinf^ a copy of a note from Sir Charles 
R. \ anphan, accompanied with a copy of a letter from Sir Archibald 
Campbfll, ]>i(!Utenant Governor of New Hrunswick, to Sir Charles R. 
Vaiitrhari ; and also of a letter from Lieutenant J. A. Maclauchlan to Sir 
Archibald Cani])bcll, con»])laining of the conduct of the land agents of 



[ D(X'.. No. 126 ] 37 

the States of Maine and Massachusetts in the territory in dispute between 
the United States and Great Britain. 

In compliance with your request to be furnished witli information in 
relation to this subject, I reply, that by a resolve of the Legislature of this 
State, passed March 30, 1831, "the land agent of this Slate, in con- 
junction with the land agent of the Commonwealth of Massachusetts, is 
authorized and empowered to survey, lay out, and make a suitable winter 
road, or cause the same to be done, from the mouth of (he Matawamkeag, 
a branch of the Penobscot river, in a northerly direction, so as to strike 
the Aroostook river on or near the line dividing the sixth and seventh 
ranges of townships." The same resolve authorizes the land agents to 
lay out and make, or cause to be made, a winter road from the village 
of Iloulton, in a westerly direction, -to intersect the road to the Aroos- 
took river, at some point most convenient for travelling, and most for the 
interest of the State. By a subsequent resolve, passed March 8, 1832, 
the authority given to the land agents was enlarged so as to authorize 
them "to locate and survey the Aroostook road, so that it may strike the 
Aroostook river at any place between the west line of the third range 
and the east line of the sixth range of townships west of the east 
line of the State." The first of these roads has been surveyed and lo- 
cated, and much the greater part of it lies within the undisputed limits 
of this State, south of the sources of the Penobscot river, and it is be- 
lieved that no part of it lies within territory of which the British 
Government has ever been in the actual possession since the treaty 
of 1783. A portion of this road only has yet been opened ; and I 
have no information that any part of it has been opened over territory 
claimed by the British, although it is contemplated to extend it to the 
Aroostook, when it can be done consistently with the public interest. 
The second road described in the resolve of March 30, 1831, is wholly 
within the undisputed limits of this State. 

A report of the recent proceedings of the land agent in making these 
roads, and disposing of the timber on the lands of the State, has not been 
received, and his late sickness and death have rendered it impossible at 
this time to obtain a detailed statement of all that has been done in his 
official capacity. But it cannot be presumed that he has, in any particu- 
lar, exceeded his instructions, (copies of which are herewith transmitted,) 
or, in the discharge of his official duties, taken any measures, or authorized 
any acts to be done, which could justly be considered as a violation of any 
known provision of the existing arrangement between the Governments of 
the United States and Great Britain, in regard to the disputed territory. 

With high consideration, I have the honor to be, sir, your obedient ser- 
vant, 

SAMUEL E. SMITH. 

The Hon. Louis McLane, 

Secretary of State of the United States, Washington. 



3S [ Doc. No. 126. ] 

STATIi OF MAINE. 

In CouxXCil, March 9, 1833. 

Present: The Governor; Messrs. Duiilaj), Pierce, Sawyer, Hodgdon. 
Clark, Hodgnian, and Dana. 

The Committee ol the Whole Council, to which was referred the sub- 
ject ol the State lands, having taken that subject into consideration, 
report : 

That in their opinion the land agent is better able than any other person 
to determine what towns should be explored, and what lines should be run 
anew, the ensuing season. They would, therefore, recommend that said 
agent be authorized to cause such explorations to be made, and such lines 
to be run, as he may think the interest of the State requires. They 
would further recommend that said agent be authorized, if he deem it 
expedient, to cause to be lotted and olfered for sale, to actual settlers, the 
to\vn>hip numbered three in the fourth range, and numbers six and eight 
in the fifth range ; but they wish to give the subject further consideration 
before they authorize the said agent to lot out any other towns, or make 
sale of any (imber. Your committee further report, that the public good 
docs not require that the lands and timber belonging to this State and 
the Commonwealth of INTassachusctts should at this time be put into the 
market; but that the interest of this State does require that the sales of 
such lands and timber should be suspended for the present. They there- 
fore recommend that the Governor be advised to suspend the authority of 
the land agent of this State to sell any such lands and timber until the 
meeting of the next Legislature, agreeably to the resolve relating to said 
lands, passed March 9, A. D. 1832. 

All which is respectfully submitted. 

Per order: JUDAII DANA. 

In Council, March 9, 1833. 

This report, on being read, was accepted by the Council, and by the 
Go\einor aj)proved. 

Attest: R. G. GREP^NE, 

Secretary of State. 
A true copy. Attest: R.G.GREENE, 

Secretary of State. 



STATK Ol .MAINK. 



1\ Council, June 26, 1833. 

Present: 'I'he (Jovcrnor, Messrs. Dunlap, Pierce, Sawyer, Hodgdon, 
Clark, Ilodgman, and Dana. 

The Committee of the Council, to which was referred a communica- 
tion from Daniel Rose, Ks(j., laiul agent, report: 

That tlw lancl agent be inslrueled to .sell at j)ublic auction the timber 
on the lollowitig townships beluri<;ing to this State, to wit : No. 8 7th 
range, No. 2, Olh range, and No. ?", Cth range. ' 



[ Doc. No. 12<i. J 39 

Your committee would further erpoit, that tlic hind agent he instructed 
to cause to be explored and surveyed into sections, the present year, 
townships numbered two and three in the eleventh range. 

Per order: R. P. DUNLAP. 

In Council, June 26, 1833. 

This report, on being read, was accepted by the Council, and by the 
Governor approved. 

Attest: R. G. GREENE, 

Secretarij oj State. 

A true copy. Attest: R. G. GREENE, 

Secretary of State, 



Sir Charles R. Vavghan to Mr. McLane. 

Washington, December 23, 1833. 

The undersigned, his Britannic Majesty's envoy extraordinary and 
minister plenipotentiary, has the honor to acknowledge the receipt of 
the note of the Secretary of State of the United States, in answer to the 
representation which he was called upon to make, respecting proceed- 
ings of the States of Massachusetts and Maine in the disputed territory. 

To understand correctly the bearings of the roads which those States 
have resolved to construct, requires a more accurate knowledge of the 
topography of the country through which they are to pass than the un- 
dersigned possesses ; but he will not fail to transmit a copy of Mr. 
McLane's note, together with its enclosures, to his Majesty's Lieuten- 
ant Governor of New Brunswick. In the mean time, the undersigned 
begs leave to observe, that the letter from the Executive of Maine states 
that one of the roads surveyed and located lies, for the greater part of 
it, within the undisputed limits of that State, although it is contemplated 
to extend it to the Aroostook river. The land agent of Massachusetts 
is aware that the road from the river Matawamkeag to the Aroostook is 
the one that has given rise to complaint, and which, he observes, " is 
now nearly completed." As the Aroostook river, from its source till 
it falls into the St. John, flows exclusively through the disputed terri- 
tory, to reach it by a road from the State of Maine must cause an en- 
croachment, and be considered an attempt to assume a right of posses- 
sion in territory which has never yet been set apart from the original 
possession of Great Britain, on account of the difficulties of ascertaining 
the boundary according to the treaty of 1783. 

With regard to the cutting down and sale of timber, the justification 
of the land agent at Boston will be submitted to Sir Archibald Camp- 
bell ; and the undersigned is sure that the grievance complained of, 
taking away timber which had been seized by the agent from Massachu- 
setts, will be attended to. 

The undersigned receives with great satisfaction the assurances of 
Mr. McLane that " a conciliatory and forbearing disposition prevails on 
the part of Massachusetts and Maine ; and that no measure will be taken, 
or any acts authorized by them, which may justly be considered as a 



40 [ Doc. No. 126. J 

violation of the umleistanding in regard to the disputed territory ;" and 
he cannot conclude without begging leave to acknowledge the readiness 
with which the President directed inquiries to be made, and the ilesire 
which he has sliown, on this and every similar occasion, to j)re- 
vent any encroachment on the disjiuted tcnitory pending the settlement 
of the boundary now in progress between the two Governments. 

'I'he undersigned has the honor to assure ^Jr. McLane of his most 
distinguished consideration. 

CHARLES R. VAUGHAN. 

The Honorable Louis McL.a.ne, S,'C. 



Sir Charles R. Vaitghan to Mr. McLane. 

Washington, February 28, 1834. 

The undersigned, his Britannic Majesty's envoy extraordinary and 
minister plenipotentiary, has the honor to communicate to the Secretary 
of State of the United States the exj)lanation which he has received 
from the Lieutenant Governor of New Brunswick, of a transaction com- 
plained of by the land agent of Massachusetts, in a report communicated 
to the undersigned in a note from Mr. McLane, dated 21st December 
last. 

The complaint arose out of the seizure of timber cut down without 
authority upon the disputed territory, and which, after having been 
seized, in the first instance, by the land agent of Massachusetts, was 
taken possession of, and sold, by the British agent intrusted with the 
preservation of the disputed territory on the Northeastern frontier of the 
United States. 

The explanation of this transaction is contained in an extract of a 
letter to the undersigned from the Lieutenant (iovernor of New Bruns- 
wick, and the report of Mr. Beck with, the Surveyor General of that 
Province, which the undersigned has the honor to enclose in this note. 

The seizure of the timber, in the first instance, by Mr. Coffin, the 
land agent of Maine, [Massachusetts,] was the exercise of authority 
within the conventional frontier of the Province of New Brunswick, 
which could not be admitted so long as the Northeastern boundary of 
the Lnited States remains a subject of negotiation; and it appears that 
the proceeds of tiie sale of timber unlawfully cut down arc carried to 
account, and the possession of them will be appropriated to the party to 
which the territory m;iy be adjudged by the settlement of the boundary 
question. 

The undersigned trusts that the explanation which he is now able to 
give of this transaction will prove satisfactory to the (iovernment of the 
United States. 

The undcriigncd hus the honor to renew to Mr. McLane the assur- 
ance ol bis iiiDst distiiimn'.slicd consideration. 

CHAS. R. VAUGHAN. 

The Honorable Louis .McLa.nk, ».\-f. 



[ Doc. No. 126. ] 41 

Extract of a letter from Sir Archibald Campbell to Sir Charles R. 

Vaughan, dated 

Government House, Freoerickton, N. B., Janvary 20, 1834. 
* * * * I venture to assure your excellency that it has ever 
been my anxious wish and endeavor to prevent all just cause of com- 
plaint against any one connected with this Province. On all practicable 
occasions, I have acted in that spirit of conciliation and forbearance 
which I know to be so essential to the preservation of harmony and good- 
will between the people of the two countries; and, in the explanation 
which I have now to ofTei', upon tlie complaint of the land agent of Mas- 
sachusetts, I think I shall be able- to satisfy the General Government 
that 1 have sanctioned nothing at variance with these professions. Mr. 
Maclauchlan was appointed to the wardenship of the country with the 
knowledge and concurrence of the President; and it is not conceived, 
therefore, that any fair ground of objection can be taken to his faithful 
performance of the duties of his otfice. But this Government never has 
admitted, and never can admit, the right of any agent from Maine or 
Massachusetts to exercise authority within the conventional frontier of 
the Province, while its proper limits remain a subject of negotiation. 
The seizures of timber, therefore, alluded to by Mr. Coffin, as having 
been made by his Majesty's officers, even if made as stated, would in no 
way amount to an infringement of the existing understanding. The en- 
closed aceouat of this transaction will, however, place it in a different 
light ; and I have only farther to add, that every sixpence arising from 
seizures in that disputed territory has been invariably paid over to the 
Receiver General of the Province, by whom a separate fund and separate 
account of all such moneys is regularly kept. 



Department for Crown Lands and Forests, 

Frederickton^ January 18, 1834. 

Sir: Early in February, 1832, I obtained information that several 
parties of lumber-men were at work within the bounds of the disputed 
territory, and principally on the i iver Aroostook ; which information I sub- 
mitted to your excellency, and was, in consequence, instructed by your 
excellency to inspect the said territory, seize any timber which had been 
cut, and require the trespassers to desist forthwith. Your excellency, at 
the same time, expressed a wish that such inspection should be made 
with the cognizance of the public authority of the State of Maine, and 
that an officer of the said State should be requested to accompany the 
officer whom I should despatch on that service. In conformity to those 
instructions of your excellency, I directed Mr. B. R. Jouett to proceed 
to Houlton, exhibit his orders (No. 1) to the justices of that township, 
together with a communication explanatory of the object of his inspec- 
tion, (No. 2,) and to request that some officer of the State might accom- 
pany him. On the 20th March, Mr. Jouett reported that he had carried 
ray instructions into effect ; that he had found a number of the squatters 
at work, and seized the timber they had made ; and that, in almost every 
case, they desisted, on being requested to do so and warned of the con- 



42 [ Doc. No. 126. | 

sequences of persisting. After Mr. Jouett's return, I notified to those 
persons that if they did not remove the timber from where it lay, no 
farther steps should be taken in the matter; but that, if they attempted 
to convey it down the St. Jolin's, it shouUl be seized and condemned. 
Some of the timber was removed, and, in most cases, it was seized and 
sold at from three shillings to nine shillings per ton, and the nett pro- 
ceeds carried to the credit of the disputed territory account; and, in 
some instances, the parties, by altering the marks and mixing their tim- 
ber up witli other rafts, succeeded in escaping the vigilance of my depu- 
ties. Prosecutions were commenced, but proceedings were, I believe, 
stayed in consequence of the exticme indigence of the trespassers. I 
have been further informed by Mr. Jouett, that after accidentally meet- 
ing the deputy agent, Mr. Fairbanks, at the river Des Chutes, as mention- 
ed in his report, that gentleman being on his way to his residence on the 
Aroostook, j)roceeded in company with Mr. Jouett, so far as their respec- 
tive roads lay in the same direction, and, during that time, pointed out 
to him several lots of timber cut by squatters, w hich lots, he understood 
from general rej)ort, had been seized by Mr. Fairbanks ; but the trespass- 
ers paid no regard to such seizure, and Mr. Jouett also marked them 
agreeably to his instructions. 

I beg to submit, for your excellency's information, a copy of instruc- 
tions given to Mr. Jouett, and also copies of his reports. 

I have the honor, &c. 

JOHN A. BECKWITH, 
Actins; Commissioner and Survei/or General. 

His Ex'cy Maj. Gen. Sir Archibald Campbell, Bart., G. C. B.^SfC. 



No. 1. 
Depaktment for Crown Lands and Forests, 

Frederickton, February 14, 1832. 

Sir : Vou are required to proceed forthwith to Houlton, and deliver the 
accompanying despatcli to the justices of the peace for that settlement, 
explaining to them the anxiety of this Covernment to preserve all mat- 
ters connected with the territory under negotiation in the same state in 
which it is at present, until the question now pending between the two 
Governments be set at rest ; and that the proceeds of all seizures will be 
accounted for to that Covcrnmcnt to which may be awarded the sover- 
eignty of the territory in which the seizure was made. 

Vou will thence pniceeil to make a thorough inspection of the said 
territory, seizing whatever timber or lumber you may find manufactured, 
and ascertaining the names and residences of the trespassers, and the 
Government in which they owe allegiance, to order that immediate pro- 
ceedings may be instituted against such as are British subjects ; and you 
will inform all persons that no favor or lenity will be extended to individ- 
uals who have tres|)asse«l or m:»y tresj)ass in a (juaitcr which they have 
been so repeatedly wairied against encroaching ujion. 

In the course of your inspection, vou will fake copious notes of all mat- 



I Doc. No. 126. J 43 

ters connected with the object in view, in order that you may be enabled, 
on your return, to furnish a full and detailed report of your proceedings 
under the warrant. 

JOHN A. BECKWITH, 
Acting Commissioner and Surveyor General. 

Bevkrly R. Jouett, Esq. 

Deputy Commissioner and Surveyor, t^c. 



No. 2. 

Frederickton, Neav Brunswick, 

February 14, 1832. 

Gentlemen : I have the honor to acquaint you that it has been re- 
ported to me that several parties of lumbermen are in full operation 
within the territory under negotiation between the British Government 
and the United States; and, having laid the information before his ex- 
cellency the Lieutenant Governor of tiiis Province, he has directed the 
seizure of all timber or lumber cut within the said tract, and that a list 
of the trespassers be furnished to the Provincial Attorney General, in 
order that such of them as are British subjects may be prosecuted for the 
trespass. 

The object which this Government has in view is to prevent the said 
territory from being pillaged of its valuable timber, which I am confident 
you will join me in deeming an object of primary importance to all par- 
ties. I have directed B. R. Jouett, Esq. to proceed forthwith to carry 
the Lieutenant Governor's instructions into execution, andH have to beg 
that you will furnish him with such information on the subject as you 
may be in possession of, and afford him every facility in your power. 

I beg further to request that you will use your exertions to repress 
trespasses upon that important tract of country until the question now 
pending shall be finally settled. 

I am, &c. 

JOHN A. BECKWITH. 
To the Justices of the Peace/o/* the township of Houlton, SfC. 



No. 3. 
Frederickton, New Brunswick, March 20, 1832. 
Sir : I beg leave to report for your information that, in obedience to 
your warrant, bearing date the 14th day of February, 183 3, I proceeded 
forthwith to Houlton, and delivered the despatch committed to my care 
to Messrs. Cook and Gooch, two of the justices of the peace for the 
township of Houlton, and to which they made the following reply, viz : 
That they had no authority whatever to interfere, but would immedi- 
ately transmit the said document to the Governor and Council of the 
State of Maine. I then requested to know if they could comply with 
his excellency's request, by furnishing me with a confidential person to 



44 [ Doc. No. 126. ] 

accompany me on the duty which I was about to undertake ; to which 
they answered, that no provision was made by their Government to de- 
fray the expenses of a person so sent ; and consequently declined the 
request, adding, in justification of what they had stated, that objections 
had been made by their (jovcrnment to remunerate the two agents, 
Messis. Dcen and Cavanagh, who were at the INIadawaska last summer. 
1 have much pleasure in being enabled to state that these gentlemen 
evinced every disposition to afford me what information lay in their 
power ; the latter, Mr. Gooch, gave me a letter of introduction to Den- 
nis Fairbanks, Esq., deputy agent for the State of Maine, whom I met 
with at the river Des Chutes, and to whom I made known the nature of 
my mission. This gentleman I found disposed toalYord me every inform- 
ation in his powei'. 

1 then proceeded up the river Aroostook, where I found several small 
quantities of timber, cut principally by the settlers who have located 
themselves on that river; but the quantity cut by each individual is small. 
I shall herewith furnish you with a list of the parties' names, showing 
the extent of the trespass of each party, and the Government to which 
they claim allegiance. 

I then piocceded up the river St. John's, and having obtained informa- 
tion that Mr. Leonard Combs was lumbering to a great extent, and sup- 
posed to be on Crown lands, I made a thorough inspection and survey of 
his works. I then proceeded up the river, and referred to the grant, 
which 1 found at Captain Simon Ambear's ; and I am happy to state that 
he does not come under the character of a trespasser, the timber being 
cut on gianted lands, and purchased by him from the proprietors. He 
has between five and six hundred tons. This, with fifty or sixty tons 
cut by Michael Mercure, and about the same quantity by Acarie Lotle 
on granted lands, being lots Nos. 3 and 9 on the southwest side of the 
river St. John's, is all the timber made in the Madawaska settlement, ex- 
cept between seventy and eighty tons made by John Baker, and hauled 
out on the l)ank of the river St. John's, about one mile above his resi- 
dence. This timber I seized. I called to see him, but he was absent. 
I saw his wife, who acknowledged, without the least hesitation, that the 
timber was made and hauled by her husband, John Baker. 

I have ueed every exertion to obtain correct and satisfactory informa- 
tion as to any trespasses that may be, oiare likely to be, going on ; and I 
feel satisfied that nothing has escaped my knowledge, but that 1 am in 
full |)<)Sscssion of eveiy thing in the shape of a trespass that has been com- 
miltrd. 'I'here is nothing like a party, or concern, of lumbermen getting 
timber, throughout the whole disputed territory. What is doing, is con-' 
fined to the settlers upon the river Aroostook, who are wretchedly poor. 
Several of them join together, and make a small quantity, which they 
get hauled ;it the halves, by .some person owning a team, they being 
destitute. They have principally all desisted, or had when I left. 
SoiiK- stopped iiuiiKMliately on iuuiiing my instructions ; others finished 
hauling what they had made, and then stopped. On my return from 
M.idawa.ska, 1 nuit with a person from the head of the river or settlement, 
whose slatemeiil I could depend upon. He informed me that they had all 
desisted. With rcsprci to the trespa.sses whit-h have been committed, I 
was informed by llu- |)cr^ons implicated that they had been induced to 



[ Doc. No. 126. ] 45 

work from the representations of several individuals who had been 
through the settlements, and reported that the boundary question was 
settled, and that those who made timber would meet with no difficulty 
in obtaining license to cover it, from the Government on whose territory 
it should prove to have been cut. I beg leave further to state, sir, for 
your information, that there is from 300 to 400 saw logs, cut by Messrs. 
Baker & Company, on the Quacklicook, the stream on which his mills 
are built ; also, from 400 to 500 on Fish river, cut by Messrs. Savage, 
Bartlett, & Company, for the use of the mills on that river. This, how- 
ever, I am informed, has been a practice for several years past, without 
any disposition being shown by either Government to prevent it, so long 
as the lumber manufactured at those mills was not taken below the 
Grand falls ; it being considered indispensably necessary that lumber, to 
a certain €xtent, should be manufactured at those mills for the general 
good and more immediate relief of the settlers. For those reasons, I 
omitted classing this lumber with that in the report hereunto annexed, 
supposing it would be viewed in a different light from timber or logs cut 
under more aggravated circumstances. 

I beg leave to submit, for your information, a letter received from Mr. 
James Tibbetts, touching the matter of trespasses on the disputed terri- 
toiy. 

I am, &c. * 

B. R. JOUETT, 
Deputy Commissioner. 

John A. Beckwith, Esq., 

Acting Commissioner of Crown Lands, 

and Surveyor General, ^c. 



46 



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48 f Doc. No. 126. ] 

Saint Mary's, January 16, 1834. 

Sir: After meeting Mr. Fairbanks, deputy agent for the State of 
Maine, at the river Des Chutes as mentioned in my report of the 20th 
Marcli, 1832, that gentleman being then on his way to his residence on 
the Aroostook, we proceeded in com[)any towards his said residence, and, 
■whilst ascending the Aroostook, he j)ointcd out to me several lots of tim- 
ber, and informed me by what squatters they had been cut, I do not 
recollect his informing me that he had seized those lots, but I under- 
stood from general report that he had done so, although the squatters 
paid no attention thereto. This timber I marked and included in my 
report, according to what I conceived to be the tenor of my instructions. 
I have the honor, &,c., 

B. R. JOUETT, 
Deputy Commissioner. 
John A. Beckwith, Esq., 

Deputy Commissioner and Surveyor General^ SfC. 



Mr. McLane to Sir Charles R. Vaughan. 

Uei'artment of State, 

Washington^ March 4, 1834. 

Sir : I have the honor to acknowledge the receipt of your note of 
the 28th ultimo, furnishing the explanation of the Lieutenant Governor 
of New Brunswick of a transaction referred to by the land agent of 
Massachusetts, in a letter addressed to his excellency the Governor of 
that Commonwealth, and subsequently communicated to you by this De- 
partment, in a note dated 21st December last ; and to inform you that 
copies of your communication, together with the documents which ac- 
companied it, will, by direction of the President, be transmitted, with- 
out unnecessary delay, to the Executive of the State of Massachusetts. 

I pray you to accept the assurance of my distinguished consideration. 

LOUIS McLANE. 

The Right Hon. Sir Charles R. Vaughan, G. C. II. 

Envoy Extraordinary^ SfC. 



[Senate Doc. Xo. 130.] 49 



Message from the President of the United States, with documents re- 
lating to alleged aggressions on the rights of citizens of the United 
States, by the authorities of Neiv Brunswick, on the territory in 
dispute between the United States and Great Britain. 

To the Senate of the United States : 

Washixgtox, March 3, 182S. 

In compliance with a resolution of the Senate, of the 3d of January 
last, requesting tiie communication of information in my possession, rela- 
tive to alleged aggression on the rights of citizens of the United States, by 
]K'rsons claiming authority under the Government of the Province of New 
Brunswick, I communicate a report from the Secretary of State, with a 
copy of that of tlie special agent mentioned in my message at the com- 
mencement of the present session of Congress as having been sent to 
visit the s[;ot where the cause of complaint had occurred, to ascertain the 
state of the facts, and the result of whose inquiries I then promised to 
communicate to Congress when it should be received. 

The Senate arc requested to receive this communication as the fulfil- 
ment of that engagement; and, in making it, I deem it proper to notice, 
with JQst acknowledgment, the liberality with which the minister of his 
Britannic .viajcsty, residing here, and the Government of the Province of 
New Brunswick, have furnished the agent of the United States with every 
facility for the attainment of the information which it was the object of 
his mission to procure. 

Considering the exercise of exclusive territorial jurisdiction upon the 
grounds in controversy, by the Government of New Brunswick, in the 
arrest and imprisonment of John Baker, as incompatible with the mutnal 
understanding existing between the Governments of the United States and 
of Great Britain on this subiect, a demand has been addressed to the pro- 
vincial authorities, through the minister of Great Britain, for the release 
of that individual from prison, and of indemnity to him for his detention. 
In doing this, it has not been intended to maintain the regularity of his 
ov/n proceedings, or of those Avith whom he was associated, to \vhich 
they were not authorized by any sovereign authority of this country. 

The documents appended to the report of the agent being original pa- 
pers, belonging to the files of the Department of Slate, a return of them is 
requested, when the Senate shall have no further use for them. 

JOHN QUINCY ADAMS. 



50 [ Senate Doe. Xo. 130. ] 

Dei'Ahtmext of State, 

JVashington, February 2S, 1828. 

The Secreiary of State to wliom lias been referred, by the President, 
the resokition of tlie Senate of the 3d ultimo, requesting him to com- 
municate to the Senate (so far as may be coaii)atiblc with the public in- 
terest,) any information in his possession relative to any alloyed aggres- 
sion o\\ the rights of the citizens of the United States, by persons claiming 
atithority under the Govenunent of the Pi ovince of New Jiruiiswick, has | 
the honor to report herewith a copy of the instructions given to S. B. Bar- 
rel!, who was deputed to collect informatiou in relation to tlie subject 
mentioned in the resolution, and a copy of his report made in conformity 
with them. 

All which is respectfully submitted. II, CLAY. 



Department of State, 

JVushingto7i, November 19, 1S27. 

Sir : Some difficulties having arisen on our northeastern border, be- 
tween the Government and people of New Brimswick and the State of 
Maine, in regard to certain settlements witlnn the territory mutually 
claimed by the United Stales and Great Britain, the President is desirous 
of possessing informatiou on particular points, which it is thought can be 
best acquired by sending some person to collect it on the disputed ground. 
He has accordnigly authorized me to engage some person in this service ; 
and as you have consented to accept it, I will now direct your attention 
to the particular points regarding which information is desired. 

From the peru.sal of the allidavits,* copies of which you will receive 
herewith, you will ])erceive that collisions have arisen between the British 
authorities of New Brunswick and some of the settlers on the Madawaska 
and the Aroostook, branches of the St. John's ; that these authorities claim 
to exercise :i jurisdiction over those settlements, although they are wuhin 
ihe above disputed territory, and that they have, in fact, exercised it in 
various ways, and finally by the arrest of an American citizen, by the 
name of John Baker, wiio, after being carried from his home some dis- 
tance to Fredericton, was there tried, convicted, and sentenced to an 
inqirisomnent of six months, and the ])aynient of a fine of £150. Tlie 
President wisiies to know when and i)y whom these settlements on the 
Madawaska and Aroostook were first made ? Whetiicr they were under 
American or British authority, or of French orighi? By whom have they 
been governed .' Have both the American and British Governments cxer- 
cis-id acts of jurisdiction over them, or only one Govenunent, and which 
exclusively? Have the settlers generally accpnesced in the exercise of 
liiat authority, whether Ihiiish or American, which has been extended 
over thrm? If these settlements were originally American, when did the 
Brilisli authorities first atteuqit to exercise jiuisdiction over them ? If they 
wtTeoriLMually Briti.-h, when was an olqection first made to the exercise 
of JJritisli jurisdiction over tliem 1 And when was the right first asserted, 

• These afTidBvllH were cominunicatcil to Congress at the oi)cning of the present session of 
CongreHJt, with tiie 1 "resident's message. 



[ Senate Doc. No. 130. J 61 

if it has been asserted at all, to exercise autliority from the State of Mas- 
sachusetts, or of JNIaine, over them ? From what Government do the set- 
tlers deduce their land titles? If both from an American and a British 
som-ce, from which has the greater number been obtained ? Wiiich arc 
the oldest ? 

You are also requested to inquire particularly into the causes of the nr- 
rest and condemnation of John Baker, and his present situation, and to 
procure official coi)ies of the process and judicial proceedings against him. 
It being alleged that he is confined in a loathsome and unhealthy jail, you 
will examine, as far as you can, into his condition ; and for that purpose, 
if yon shall deem it necessary, you will proceed to the place of his con- 
finement, and apply to the proper authority for permission to see him, 
and to ascertain the circumstances of his situation. 

If it should turn out, upon investigation, that the abovementioned set- 
tlements were made and have been governed under the authority of 
Massachusetts and Maine, or either of them, you will please to take the 
aliidavits of some three or four, or more persons, to establish that fact. 

Measures being in a course of adoption or operation to settle between 
the United States and Great Britain the question of right in the disputed 
territory, it is the wish of the Government of the United States, and it is 
professed to be that of the Government of Great Britain, that nothing 
should occur within the disputed territory to disturb the harmony be- 
tween the two countries. We have inculcated forbearance and modei;a- 
tion on our side, and we are officially assured that it has been and will be 
practised on the other. Should you have intercourse with any of the in- 
habitants of the disputed territorry, you may explain to-tlicm this mutual 
understanding between the two Governments. Whilst measures are in 
progress to adjust, in a regular way, by the two Governments themselves, 
the ^disputed boundary, abstinence from all acts of individual violence, 
and from all unnecessary collision, is the interest on both sides. Such 
acts and collisions might" retard, but are not likely to advance, the work 
of amicable settlement between the two nations. 

You will proceed, in the first place, and before you go upon the dis- 
puted ground, to his excellency Enoch Lincoln, Governor of Maine, and 
explain to him, fully, the object of this commission. You will request of 
him such assistance and information in the execution of it as he may be 
able and think proper to render. A letter of introduction to Governor 
Lincoln is herewith delivered to you; and I expect also to procure for 
you a letter of introduction to SirHoward Douglas, the Governor of Ncav 
Brunswick, from the British minister, which will be delivered or forward- 
ed to you. 

The sum of $5300 is now advanced to you, on account of your ex- 
penses. On your return, a reasonable allowance will be made for your 
services, and your reasonable expenses will also be reimbursed you. 

I am, sir, &c. 

H. CLAY. 
To S. B. Barkell, Esq. 



52 \ Senate J)oc. No. 130. J 

REPORT OF THE SPECIAL AGENT, 

Washington, February 11, 1828. 

The undoisijincd has the honor to lepoit that, in pursuance of the in- 
structions which he received from the Department of State, on the 19th 
day of November last, he |)roceeded to Portland, in the State of Maine, 
and explained to his excellency Enoch Lincoln, the Governor of (hat 
State, the object of his commission, and lequestcd of him such assistance 
and information in the execution of it as he was able and mit:;ht think pro[)- 
er to rendff. His excellency expressed his ready compliance with the 
request of the undersigned, and in rej)ly to a letter addressed to him,t!ie 
undersigned received the letter from his excellency, with its accompany- 
iiiL' document, herewith presented, and marked A and B. 

From Portland the undersigned proceeded to Fredericton, the capital 
of New Brunswick, and the lesidenco of Sir Howard Douglas, the Lieu- 
tenant Governor of that Province, to whom he transniitted, upon his 
arrival, a letter of introduction fiom the minister of his Britannic Majes- 
ty near the United States, a copy of which is herewith presented, mark- 
«d C. 

In consequence of severe bodily indisi)osition, Sir Howard Douglas 
'^vas unable to give the undersigned a personal interview ; but he was 
^vithout delay inibrmed, by other members o( the Government of New 
Brunswick, that he was fully accredited as the representative of his 
Government ; and that any information, documentary or otherwise, rela- 
ting to his mission, which he desired, should be promptly furnished. 

Soon after his arrival at Fiedericton, the undersigned received a let- 
ter from the Attorney General of the Province, under date of December 
23, which, together with a copy of his letter in rejd}-, are herewith pre- 
sented, marked D and E. 

On the 23d December, the Attorney General transmitted to the under- 
signed the letter herewith presented, and marked F, together with sun- 
dry documents, which arc also herewith presented, and numbeied from 
1 to (J, inclusive. And on the 25th December, the undersigned receiv- 
ed from the Attorney General his letter of that date, marked C, and 
whicli, with the accomjKinying documents, numbered from 7 to 10, in- 
clusive, are also here\vith presented. 

The undcisigned, while at Fredericton, had repeated interviews with 
Mr. John Baker, whom he found confined in prison at that place. In 
conformity with his instructions, he applied for permission to see Mr. 
Baker in prison, in order that he miglit ascertain the circumstances of 
his situation, and an opj)ortuni(y Mas readily allbrded him for that pur- 
pose. The apartment of the prison in whicli Mr. Baker is confined is 
of a description that precludes the possibility of lendering its tenants 
comlortablc ; but the jjrison affords none; better, and it is appropriated 
to prisoncis in confinement for debt. The undersigned found in the 
tame apartment with Mr. Baker an individual v.ho was imprisoned at 
the suit of a creditor. It is but Justice to add, that the undersigned was 
informed by Mr. Baker that botli the high sbeiilF of the county and the 
ket:per of the prison li;id done all which, consistently with their duty, 
they could do to alleviate his situation, and to render him as comfortable 
as circumstances would authorize- 'IMie undersigned was informed at 



[ Senate Doc. No. 130. ] 53 

Fredericton that the prison had been recently presented hy the grand 
jury of the county as a public nuisance. 

It will be found, from an exaniination of the document (No. 2) accom- 
panying the letter from the Attorney General of New Brunswick to the 
undersigned, under the date of December 23, that the ofl'ences with which 
Mr. Raker stands charged, and lor which he is to l)e tried at Fredericton, 
arc for exciting sedition among tlic French settlers at Madawaska, and 
endeavoringto obstruct the passage of the Tritish mail upon the river St. 
John's. Mr. Baker is also imprisoned on civil process, at the suit of Rob- 
ert Shear, residing in Lower Canada, lie confessed a judgment to 
Shear, at Quebec, for about £230, in the year 1821 ; and upon this judg- 
ment the present suit is founded. On the criminal suit he was required 
to lind !)ail for his appearance, in the sum of £100, which he informed 
the undersigned he could readily obtain, if he could be discharged from 
the civil process. 

The undersigned proceeded from Fredericton tO' Holton Plantation, 
a settlement wiihin the acknowledged bounds of the Slate of Maine, and 
about twelve miles distant from Woodstock, upon the river St. John's. At 
this place he met with several of the settlers upon the Aroostook river, 
iroi!) whom he received all the information he sought respecting the first 
settlements upon that river, and the causes of recent disturbances among 
the settlers. 

The earliest settlement upon the Aroostook was made about six years 
since. The settlers are about forty in number ; nine of whom are citi- 
zens of the United States, and the residue are British subjects. No one 
of them has a grant of land, either from the Government of the Province 
of New Brunswick or that of the States of Massachusetts or Maine ; nor 
any other title to the land occupied, than that which arises from posses- 
sion. L§wis Johnson and Charles Johnson, born in the British Province 
of Nova Scotia, and William McCrea, born in Ireland, were the earliest 
settlers. The disturbances which have taken place have been confined 
almost exclusively to what is termed the upper settlement upon the 
Aroostook, about thirty miles from the mouth of the river. The settlers, 
i^enerally, are composed of individuals who have lied from the British 
Provinces, involved in debt, and probably with a view of avoiding their 
creditors, and who settled themselves upon the Aroostook, under an im- 
pression, as they state, that they were going upon American ground, and 
doubtless under the expectation that they should find themselves beyond 
t!ie r(>ach of the laws of Great Britain. Of this description, as the under- 
signed was informed, was William Dalian, the individual whose^ state- 
ment, under oath, was transmitted to the Departnient of State in Novem- 
ber last, and which has been productive of such excitement in all parts 
of the United States, and more especially in the State ol Maine. Dalton 
was born ia the State of Maine ; but, "for some years before he settled 
upon the Aroostook, he resided in the Province of New Brunswick, and 
at dilferent places upon the river St. John's, where he was engaged in the 
business of lumbering, ft is said that he failed in business, and left the 
Province of New Brunswick deeply involved in debt, and took up his 
residence upon the Aroostook river, where the undersigned has reason 
to believe he would have remained to the present time if he had found 
himself without the reach of his British creditors. From information 



5 1 [ Senate Doc. No. ISO. J 

derived from other settlers upon tlie Aroostook, tlie undersigned is himself 
satisfjeil, and Icm.Is it to be his duty to report to the Government, that the 
statement of Mr. Dalton, above alluded to, is substantially, and in every 
material point, absolutely false. The facts respecting the taking away of 
Joseph Arnold's cow, as represented by James Armstron::;-, one of the 
settlors, as well as by Arnold himsell', are briefly these : Arnold had ex- 
chani:;ed a cow belongin;; to him for another in possession of one William 
JNTcCrea, and which ihc lattc;- chimed as his propei'ty. The cow receiv- 
ed from McCrea by Arnold was subsequently taken from the latter, by 
due process of law, by one John Bradley, who claimed to be the owner 
of the cow, and who stated that he had sold the cow to IMcCrea only 
conditionalli/; an(\ that as McCrea had not complied with the terms of the 
contract, he (Bradley) was entitled to his cow again. Arnold applied 
for relief to the magistrate by whom the writ of replevin had been issu- 
ed, under which the cow he liad jeccived iVom McCrea had been 
taken from him; but failing to procure redress, he returned home, and 
told McCiea that he must either furnish him with legal evidence of his 
ownership in the cow which he had received from him, or return to 
him the cow which he had given in exchange for that which Bradley 
had taken from him. McCrea refused to deliver up the cow, but con- 
sented to leave the matter to be settled by referees. Referees were 
agreed upon by the parties, who decided that if McCrea, witiiin a certain 
specified period, should not furnish Arnold with pi-oof of his being the 
owner of the cow which he had exchanged for that of Arnold, that he 
should restore to Arnold the cow he had received from him. The time 
prescribed having elapsed, and McCrea having neglected to furnish the 
proof required, and the cow received from Arnold being yet in McCrea's 
possession, Arnold took the co\v from ^IcCrea, and carried her to his 
own house ; thus exercising a summary act of justice not unusual, it is 
believed, in communities like that at the Aroostook. McCrea pretend- 
ed that he had sold Arnold's cow to one Michael Cummings, who he 
accompanied to the residence of Mr-. Justice Morehouse, and procured 
in his behalf a writ of replevin for the return of the animal. It was the 
service of this writ that was successfully resisted by the settlers, (as 
staled in document 2-ko. 9, furnished l>y the Attorney Genera! of New 
Brunswick,) and the cow has since remained in the possession of Arnold. 
According to Dalton's statement, the cow was taken away from Arnold, 
and, the public are led to infer, was restor-ed to McCrea. That part of 
Daltorr's statement relative to the loss he sustained in removing from the 
Aroostook was represented to the undersigned as exagger'ated. Arm- 
strong states that his property was not of the value he represents it, and 
was disposed of by him for a larger amount than he acknowledges to have | 
received. The concluding and most tiraterial part of his statement, that 
"for the last seven weeks the inhabitants of Aroostook settlement have 
been unwilling and afraid to sleep in their own houses, and have retired 
to the lower j)art of the settlement, and spent the night on the banks of 
the river and in the woods, and kept watch night and day, as in an Indian 
war," is stated by others of the .settlers to be absolutely false ; and the fact 
is said to be that fur two tiii^/its only, and when a for-ce was expected to ar- 
rive at the settlement from l''rcdericton,sent thither by the (Government lor 
the purj)ose of apprehending those who were concerned in the rescue of 



[ Senate Doc. No. t30. J 55 

Arnold's cow from the constable, some of tlio settlers, to use (heir own 
term, " mustered toijether," and lodged one. ni^Iit in a barn, and one night 
in a house bcloriiiinf;; to one oltheni. 

The undersigned dcenis it proper iu this place to letnark, upon the 
testimony of Jonathati Wilson, whose statement was taken under oath, and 
transmitted to the Goveinment at the same time with that of" Dalton's, 
that his statement is founded entirely upon hearsay testimony, which, 
upon investigation, has been ascertained, in every material respect, to he 
entirely unfounded. 

Civil process has been occasionally issued against the settlers upon the 
Aroostook by British magistrates, for three or four years past ; and, du- 
ring the last summer, process for trespass and intrusion was issued, at 
the instance of the Attorney General ot the Province of New Brunswick, 
against the settlers, generally, who were compelled to go to Fredcricton 
and employ counsel in their defence. These suits are still pending. 

It was the intention of the undersigned, in conformity with his instruc- 
tions, to have gone from Holton Plantation to the settlement upon ihe 
river Aroostook ; but he was informed that a journey to that settl'tnent 
was at that time hazardous, and almost impracticable, and it would h.ivc^ 
necessarily produced in his progress great delay ; and as he had seen at 
Holton some of the settlers, who appeared to be men of intelligence, and 
had received from them the information which it would have been the 
principal object of his journey there to procure, he deemed it inexpedi- 
ent to do so, and proceeded directly to the Madawaska settlement. 

This settlement derives its name from the river Madawaska, which 
empties itself into the river St. John's, about thirty-six miles above the 
Grand Falls, and about one hundred and sixty miles above Freder- 
icton. The first settlers arrived soon after the treaty of 1783, and the 
first grant, which was '•'■ of fifly-one several lots or plantations of land ^^^ 
was made to .Joseph Muzeroll, and fifty-one other French settlers, in the 
month of October, 1790, by Thomas Carleton, Esquire, the then Lieu- 
tenant Governor of the Province of New Brunswick. The land granted 
lay at intervals between the river Verte and the Madawaska river, nine 
miles distant from each other, and on both sides of the river St. John's. 
The second grant was of five thousand two hundred and fifty-three acres 
of land, lying l)elow the river Verte, and was made to Joseph Soucer 
and others, by Lieutenant Governor Caileton, in August, 1794. These 
are the only grants ever made by the British Government within the 
settlement, exceptingone to Limo Hibert, of two hundred and fifty acres 
of land, opposite to and upon the river Madawaska, in May, 1825. 

The laws of the Province of Ne^v Brunswick appear to have been 
always in force since the origin of that .'-ettlemcnt. The settlers have 
acquiesced in the exercise of British authority, both civil and military, 
among them, and have for many years had an organized militia in the 
settlement. In 1824, there were but two companies of militia in the 
settlement. In 1826, three new companies were organized, and *he 
number of enrolled militia now exceeds four hundred. The population 
of Madawaska amounts to about two thousand, and is almost exclusively 
French. The French settlement commences a few miles above the 
Grand Falls, and extends to the Marigoumtegook (or Mariumplicook) 
creek. There was one French settler within the distance of half a mile 



56 [ StMi'.itc Doc. \o. 1 U). J 

from the month of ihut creek, at the periled when tlie earliest of the 
American settlers went to reside liieie; and at the distance of about six 
miles further down the liver St. John's, there now jesides Joseph Mishut, 
a I-'renchnian, the wife of whom infornied the undersi<j;ned that her 
former husband settled u})on the spot where they now reside, and built 
the house thoy now occu])y, about thirty years aijo. The number of 
Anu'iican settlers is about twonty-five. 

The undert>iu;ned proceeded up the river St. John's, as far as the mouth 
of the Marium{)licook creek, which is about fifteen n)iles above the river 
Madawaska. At the mouth of this creek is the residence of several of 
the American setlleis, and among others is that of Mr. John Baker. 
Ti)e undersigned had free and unreserved communications with all the 
American settlers uj>()n the ri\'er St. John's; and from information deri- 
ved from them, conoborateil in all material points from other sources, he 
is enabled to make ihe statement which follows, respecting the origin ot 
the American settlement, and the causes of lecent disturbances among 
the settlers. 

Nathan Baker, John IJaiford, and his son John Harford^ jr., were the 
fir;t American citizens who settled uj)on the river St. John's, within the 
territory mutually claimed by the United States and Great liritain. 
John Harford and his son came in June, 1817, and were followed, a few 
months afterwards, by Nathan Baker, and were all engaged in the lum- 
beiing business. In the summer of ISIS they removed their respective 
families from the Kennebec river. Baker established himself at the 
mouth of the Mariumplicook, and Harford about fifteen miles further up 
the river St. John's. The undersigned was informed by John Ilariord, 
that Nat'.cn Baker formed a connexion in business with Mr. Samuel 
Nevers, a merchant of St. John's, and undei" Nevers, who had obtained 
license fiom the Government of Usew Brunswick to cut limber, he en- 
gaged in the lumbering business. In the summer of 1819, a subpoena 
was served upon John Harford, (which is herewith presented, and 
marked II,) requiring him to appear at Fredericton, to answer to a suit 
Jor trespass and intrusion on Crown lands, instituted by the Attorney 
General. Similar j)rocess was issued against his son, John Ilaiford, jr., 
and also against Nathan Baker. John Harford states that he went to 
Fredericton in obedience to the summons, and that he, together with 
Nathan Baker, submitted to the authority of the Government of New 
Brunswick, and were both peiniitted to return to their setthimcnts. 

John Baker, the brother of Nathan Baker, was born in Moscow, in 
the county of Somerset, in the then district of Maine, in the year 17S7. 
In IS 10 he le(t the United States, and took up his residence in the Prov- 
ince ol New Brunswick, where he remained about two years, and flien 
left New Brunswick for the Province of Lower Canada, where he re- 
sided about I 111" same length of time. During the whole of this period 
he was engaged in the lumbeiing business. In 1S20 he left the British 
Provinces, and went to reside with his lirothcr Nathan, at the Madawaska 
settlenjcnt, ami en^Mu;ed in the lumbering business with him, under 
Nevers. In 1821, Nathan liaker died, and John Baker continued to 
carry on the lumbering bu.-iincss under Nevers. 

On the 4lh of October, 1825, deeds were given by the agents of the 
States of Massachusetts and I\laine,to John Baker and James Bacon, 



[ Senate Poc. No. 130. J 57 

two of the Amciican settlers. Kach deed was for one liiindrcd acres of 
land, of which tlie grantees were previously in possession ; and on the 
10th of the same month Bacon was authorized hy the same; agents to 
grant licenses to cut timber within the disputed territory, as appears 
from the document herewith presented, and marked I. This authority 
was sul)sequently revoked. 'Die undersigned was informed by the set- 
tlers, that John Baker had previously made application to the authorities 
at Fredericton, to become a naturalized Biitisli subject, and that he was 
actually upon his way to Fredericton, for the purpose of becoming nat- 
uralized, when he met with the agents of Massachusetts and Maine, 
with whom he returned fo tlie settlement, and from whom he subse- 
quently received a deed for the property he then had in possession. 
They state, also, that in 1822 he ajiplicd for and received from the Gov- 
ernment of New Brunswick the bounty paid to those who raise grain 
upon lands recently cleared and cultivated : that Mr. Nevers, with the 
knowledge, consent, and concurrence of Mr. Baker, had applied for a 
grant of the very tract of land for which Baker afterwards received a 
deed from the States of Massachusetts and Maine, but tlie grant was re- 
fused by the Governor of New Brunswick ; and that Baker, and others 
of the settlers, both belore and subsequent to the period when deeds 
were given by the agents of Massachusetts and Maine, voluntarily aj)- 
plied to the British authorities for the enforcement of the British lav.s 
among the American settlers, both in civil and criminal matters. 

The 4th of July last was celebrated by the American settlers at the 
IMadawaska. A flag-staif was raised by them upon the land of John 
Baker, and the American flag displayed ihereon. Many of the French 
settlers were invited to join in the celebration, several of whom accept- 
ed the invitation, and were present, and two assisted in the ceremony of 
raising the American flag. Most of the American settlers participated 
in the proceeding of the day, and it was represented to the undersigned, 
by others of the American settlers, that Mr. Baker was the principal 
personage among them, and it was he who proposed the celebration and 
the raising of the American flag. An address was delivered, and the 
party dined together at Mr. Baker's house. A ball in the evening at the 
house of Mr. 13acon, where were present, by invitation, many of the 
French settlers of both sexes, concluded the lestivities of the day. 

On the day following, a paper was drawn up by one of the settlers, 
which, it is said, was dictated by Baker and Bacon. This document, as 
the undersigned was intormed by several of the settlers, was in the form 
of by-laws; and the purport of it was, that the signers, in consequence 
of their great distance from their own Government, thinking it expe- 
dient to form themselves into a society, and have laws of their own, 
agreed that they would resist any further attempt to enforce the laws ot 
Great Britain among them, and would make law^s for themselves. John 
Baker, James Bacon, and Daniel Savage, were constituted a tribunal lor 
the enforcement of law among them, with power to seize and sell prop- 
ertv in satisfaction of debts contracted among the settlers. One of the 
settlers was appointed to the office of constable. These by-laws were 
to be in force for one year, unless sooner annulled by the American 
Government. This document, they state, was signed by most of the 
American settlers, and was offered for signature, and the contents ex- 



»8 



I Senate Doc. No. 180. J 



plained, to several of the French settlers, one of whom was induced to 
put his name to it. It was destroyed about a month afterwards. 

On tlic 11th August last, a suil was instituted before Mr. Justice 
I\Iorciiouse, by Phineas R. Harford, against James Bacon, for a debt of 
about eight dollars, due from Bacon to Harford. A writ was issued 
against Bacon by Mr. Morehouse, and delivered to a constable for ser- 
vice. It was the service of this writ which was successfully resisted by 
the American settlers, who rescued Bacon from the hands of the officer, 
and drove the latter, but without either threatening or attempting his 
personal injury, from the settlement. The debt was afterwards paid by 
Bacon to Harford. Baker is represented by the settlers to have taken 
the lead in this alTair. The undersigned deems it scarcely necessary to 
add, that the proceeding of the settlers on the 4th and 5th of July 
last, and on the 11th of August following, were without t!ie authority or 
knowledge of the Executive of the State of Maine. 

The undersigned recommended to the American settlers at Madawas- 
ka, forbearance and moderation in their future proceedin<rs during; the 
pendency of the existing negotiation between their Government and 
that of Great Britain, in relation to the disputed territory; assuring 
them, that if their conduct should be inoffensive and peaceable, they 
might rely upon the protection of their Government. And he has the 
satisfaction to believe that reliance may be placed upon the assurances 
he received from the settlers generally, that they would hereatter ab- 
stain from all acts of individual violence, and from all unnecessary collis- 
ion with the authorities of the neighboring Province. 

All which is respectfully submitted. 

S. B. BARRELL. 

To the Hon. Henry Clay, 

Secretary of State. 



Letter from Governor Lincoln to S. B. Barrell. 
statk of maine. 

Executive Department, 

Portland., December 10, 1827. 

Siu : 1 have the honor, in reply to your letter received on the Stii 
instant, to state that the right to assert jurisdiction over the country 
watered by the Madawaska and Aroostook, however and whenever it 
may have been si-ttled, commenced witii the period of the fust assign- 
ment of the boundary' of Massacliusetts. That right has been relied 
upon also by Maine, as an independent State, during the whole term of 
her existence in that capacity, and it seems to be her intention to main- 
tain, as far as the constitution will permit, the claim she has made. That 
th(! whole of the territory adjacent to New Brunswick, now in dispute 
under the provision of the treaty of 17S3, has been considered as Ameri- 
can projx'i ty, must have; be(;n a matter of notoriety tliroughout this coun- 
try and the contiguous Province. Indeed, the claim made by that Prov- 



[Senate Doc. Xo. 130.] 50 

ince to soil and jurisdiction, northwaid and wcstwardly of Mars Hill, is 
viewed as an astonishing novelty. The acts which are below noticed 
are regatded as having attached to them a constructive possession of the 
whole territory claimed, and as evidence of authority over any settle- 
ments on the same. There was no occasion for more particular acts im- 
mediately applying to every spot. It is not believed that British juris- 
diction ever invaded the Aroostook until very recently. The instances 
of the special application of the power of the State Governments, to 
which you advert, are included in the following schedule. 

I am, with the most respectful consideration, your obedient servant, 

ENOCH LINCOLN. 

Samuel B. Barrell, Esq., Fredericton. 

I*. S. Please to submit the contents to the inspection of Mr. Davies. 



B, 



Document accompanying the letter from Governor Lincoln to S. B. 

Barrett. 



ACTS OF MASSACHUSETTS. 



Grant to certain soldiers of Mars Hill, "on the eastern line of this 
Commonwealth," dated March 5th, 1801. 

Same to General William Eaton, " near the eastern boundary line," 
March 4th, 1806. 

Various other subsequent grants. 

The resolves under which the above grants were made were pub- 
lished, and no remonstrance is known to have been offered by the British 
Government. There may have been previous acts of jurisdiction ; but 
there has not been time for an examination by which to ascertain them. 



ACT OF THE UNITED STATES. 



The census of the Madawaska settlement was taken in 1820, under 
the authority of the United States, and adopted by them as correct. 

ACTS OF MAINE AND MASSACHUSETTS. 

In 1822, Benjamin J. Porter, of Topsham, was commissioned by Gov- 
ernor King, and instructed to proceed to the iVroostook, and take into 
his possession any timber that might have been cut by trespassers. 

In 1823, James Irish was commissioned by Governor Parris, and di- 
rected to proceed to the Aroostook and seize and take all such timber 
as should be found cut by trespassers on said river, westward ol the line 
between Maine and New Brunswick ; which was done. 

In 1825, James Irish, land agent for Maine, and George VV. Coffin, 
land agent for Massachusetts, were directed by their respective States, 
pursuant to joint resolves passed by both States, to repair to the Mada- 
waska settleaients, andthere convey such lands as might be applied for; 
pursuant to which authority said agents did bargain, sell, and convey, to 
John Baker and James Bacon, one hundred acres of land each, as will 



60 I Senate Doc. No. 130. J 

appear by said Baker and Bacon's deeds, dated October 4th, 1825. Said 
aiients posted uj) notice, at the Catholic chinch, of their authority and in- 
it'iitiun to sell hinds in the Madawaska settlement. Several apj)lications 
were made to purchase. 

'I'he States oi Maine and Massachusetts now hold sundry notes of hand 
lor timber cut on the Aroostook by trespassers, with whom the agents 
have settled ; and some money has been received. 



C. 

Letter from Mr. Vaughan to Sir Howard Douglas. 

Washington', November 20, 1827. 

Sik: The Government of the United States havin<; resolved to send 
Mr. S. B. Barrell to the State of Maine, and to the Province of New 
Brunswick, for the purpose of obtaining information in regard to the set- 
tlements on the Madawaska and the Aroostook, to the causes of recent 
disturbances there, and especially in respect to the late arrest, trial, and 
conviction of John Baker, I beg leave to present to you Mr. Barrell, and 
to request that he may receive from your excellency every assistance in 
prosecuting the inquiries which he is commissioned by his Government 
to make. 

Mr. Barrell is also directed to procure copies of the process and judi- 
cial proceedings which have been instituted against Mr. Baker, and I 
^■cnture to solicit every indulgence in that part of his commission which 
your excellency may be able to grant. 

1 have the honor to be, with great truth and regard, sir, your excel- 
lency's most obedient humble servant, 

CHAS. U. VAUGHAN. 

His Excellency Sir Howard Douglas, Baronet., 

H. M. Lieut. Governor oj New Brunswick^ S,'C., Fredericton. 



D. 

Letter from the Attorney General to S. B. Barrell. 

FuEUERicTo.v, December 21, 1827. 
Sru ; Having received diiections fionj his excellency the Lieutenant 
I ioveruor t(» luniish you with every information within my power, which 
;, ou may rerjiiirc in ix'gard to the object of your present mission to tiiis 
I'rovince, I beg you will have the goodness to favor me with the partic- 
ulars of what you may wish, that I may perform the duty required of 
me by his c:xcellency, who has authorized me to be unreserved in any 
communication which 1 niay make upon this occasion. 
i have the honor to be, sir, your mo:si obedient servant, 

T. WETMORE, 

Atlorncij General. 
Samuel 1'., Bahukll, Eskj., iic. 



[ Senate Doc. No. (30. | 6 1 

E. 

Lelter/rom S. B. Barrell to the Attorney General. 

Fredericto.\, December 21, IS27, 

Sin : I have honor to acknowledge the receipt of your letter, request- 
ing; mc to designate particularly the information which I am desirous to 
obtain on subjects connected with my mission to this Province ; and, in 
reply, I beg leave to state that 1 have been requested to inquire partic- 
ularly into 'the causes of the arrest of John Baker, and to procure offi- 
cial copies of the process and judicial proceedings against him. Any in- 
formation, documentary or otherwise, which, in your opinion, may have 
a tendency to elucidate and explain the late proceedings of the Govern- 
ment o( tliis Province in relation to Mr. Baker, and with which you may 
think proper to furnish me, I will receive and convey to the Government 
of the United States. 

1 have honor to be, sir, your obedient servant, 

S. B. BARRELL. 

The Hon. Thomas Wetjmore, 

Attorney General^ 8^0. 



Letter to S. B. Barrell, Esq. 

Fredericto-v, December 23, 1827. 

Sir: In compliance with the request contained in your letter of the 
21st instant, (which I had the honor to receive this day,) "to be in- 
formed particularly as to the causes of the arrest of John Baker, and to be 
furnished with copies of the process and judicial proceedings against 
him," I had prepared a number of papers, with an intention of convey- 
ing the same to you ; but finding by a Halifax paper, received by to-day's 
mail, that several of those papers had been communicated to Congress 
with the President's message of the 4th instant, it has become necessary 
for me to alter, in some degree, the arrangement I had previously made. 

The affidavits referred to in Mr. Vaughan's letter to Mr. Clay were 
the foundation of the magistrate's warrant against Baker, Bacon, and 
Studson, the three persons named therein. A copy of that warrant, and 
the return endorsed thereon, 1 have the honor to send herewith, (mark- 
ed No. 1.) Upon my return from the northern circuit, which happened 
after the commencement of the last term of the supreme court, I found 
the defendant Baker was in custody, against whom I exhibited an ex officio 
information, a copy of which accompanies this letter, (marked No. 2 ;) 
upon which information he was charged, and to which he pleaded not 
guilty, and was committed until he found two sureties, in ^£50 each, to 
appear at the next term to take his trial. I well remember he named 
in court one person who was approved of, but that person was not pres- 
ent, and he could not then name another. That cause stands for trial 
in the usual course, at the next term in February next. Previous to the 



62 [ SeiKite Doc. No. 130. ] 

j)r(.|).u ins; of tlic aboveinentionci.1 warraut, n report had been received 
iVoiii Juslice Morehouse, of" the coinnussion of a very high-handed riot 
and rescue, by a party of American citizens in the Madawaska settle- 
ment ; but no allidavit accompanied the report, and none reached me until 
ihe 2Gth of last month. I now beg leave to refer you to the enclosed 
documents, (marked No. 0,) being copies of tiie original report, and the 
alBdavit of Sanfa^on, the constable, and also of the allidavit which was 
the founadtion of the warrant to take James Bacon. Both of the parties 
in the suit before the magistrate were American citizens, iniiabitants 
of Madawaska. 

The want of sufl'icient information prevented me from proceeding 
against those rioters, who weie, as you will perceive, headed by Baker, 
at the last term. A suit is also depending against Mr. Baker, for tres- 
pass and intrusion. 1 herewith enclose copies of ihe proceedings there- 
in, (marked No. 4.) He has not yet entered his appearance. Being 
prevented by the present indisposition of liis excellency from having a 
pel sonal interview with him, 1 avail myself of the general direction given 
to me, to be unreserved in my communication to you, to enclose to you 
copies (marked No. 5) of certain documents relating to similar conduct 
on the part of a late brother of John Baker and other American citizens 
in 181 S. Upon that occasion, suits were itistituted by me for trespass 
and intrusion against Nathan Baker and John Harford and son, which 
suits, in consequence of their submission, were not further proceeded in. 
\Vith gicat pleasure I also further avail myself of that general direc- 
tion in sending to you copies (marked No. 6) of the correspondence re- 
lating to the mode of executing the first-mentioned warrant against John 
Baker and others ; as it will thereby manifestly appear how extremely 
desirous his excellency has been, that the proceedings agaiiast those per- 
sons should be conducted in such a way as to avoid any just cause of 
complaint; in short, to have no more done than was absolutely neces- 
sary to preserve the supremacy of the laws, without which there would 
be an end of liberty and all personal security. 

I have the honor to be, sir, your most obedient servant, 

T. WETMORE, 
Atlorneij General, New Brunsivick. 
Samuel B. Barrell, Esq., 

Agent from the United Stales of America^ &fC. 



Letter to S. B. Barrell. 

KiNGSWOOD, NEAR FrEDERICTON, 

December 25, 1827. 

Sin : From the suggestions made at our conference yesterday, I now 
hart! the honor of furnishing you with not only the copies of the docu- 
ments which I |)prr('ive have alieady been communicated to your CJov- 
ernment, and, on the llh instant, submitted to Congress, but of other 



[ Senate Doe. No. t30. | 63 

papers which may have a tendency to give a true complexion to those 
proceedinjjjs, which, paitly from the want ol' correct inforn)ation, hut prin- 
cipally iVom willul luisicprcsentation, have pioduced excitements that 
have, in some degree, threatened the disturhance of the peace and har- 
mony which have heretofore prevailed helween our neighhors and us. 
The documents that accompany this aie — 

1st. A copy of my letter to Justice Morehouse of the 31st July last, 
with copies of Adjutant Rice's letter to him of the 25th, and his letter to 
Mr. Secretary Odell of the 26th of the same month, reUuing to the con- 
duct of Baker and others, in a hie maiked No. 7. 

2(1 Copies of the depositions of Feirio, Silcste, Chamherland, and Mar- 
kee, made on the 7th, 8th, and 9th of August last, and Justice Moie- 
house's letter to me of the 11th of that month, with his list of American 
citizens settled in Madawaska, in a file marked No. 8. 

3d. Copies of Justice Morehouse's report to Mr. Secretary Odell, and 
the aflidavit of Stephen McNiel, the constahle, dated the 20th of last 
Septcmhcr, relating to a riot and lescue, and ialse imprisonment of the 
constable, by an armed pai ty of ihii teen men, principally British subjects, 
on (he river Aroostook, in a file marked No. 9. 

4th. Copies of my letters of the 7th of last September, to the sherilT 
of York and Justice Moiehouse, relating to the issuing of process against 
Baker, Bacon, and Studson, and directing the manner of executing the 
same, marked No. 10. 

1 have the honor to be, sir, your most obedient servant, 

T. WKTiMORE, 
Attorney General^ New Brunswick. 

Samuel B. Barrell, Esq., 

Agent of the United States, S)"C. 



Subpcena ad Respondendum. 

George (he Fourth, by the Grace of God, of the United Kingdom 
[l. s.] of Great Britain and Ireland, King, Defender of he Faith, Stc, 
to John Harford, Grueling: 

We command you that, laying aside all excuses whatsoever, you be 
and appear in your proper person, before our justices of our Supreme 
Court for our Province of New Brunswick, at Fredericton, on Saturday 
next after the second Tuesday in July next, to answer to us of and con- 
cerning certain matters which on our behalf shall be then and there object- 
ed against you : And this you are by no means to omit, undei- the penalty 
of one hundred pounds, which we will cause to be levied on your goods 
and chattels, lands and tenements, to our use, if you neglect lo obey this 
our present command. 

Witness: JONATHAN BLISS, Esquire, 

Our Chief Justice of Fredericton, the twentieth day of May, in the first 
year of our reign. 

By the Justices: ODELL. 

[Endorsed] 

At the suit of the Attorney General, lor trespass and intrusion on the 
Crown lands. T. WETMORE, 

Attorney General. 



6 1 [ Senate Doe. No. 130. ] 

I. 

October 10, 1825. 
Sir : We liereby anthorize and direct you to asceitain the amount of 
timber that may be cut tiio approachiiif!; season upon the St. John's livcr, 
and upon the several streams and jivers emptying]; into St. John's river 
above the Grand Falls ; an 1 where permits have been granted by us, 
settle with the holders of said permits, conformably to the conditions 
theieof; but where any persons have presumed to cut ;vithout our per- 
mission, or permission obtaiiicd I'rom you upon the same terms, (a copy 
of one of said j)ermits is here enclosed,) you will recjuire such persons 
to pay fifty cents per ton for timber, and one dollar and twenty-five cents 
per thousand for boards; or, on refusing to pay as aforesaid, seize the 
logs and timber, and sell the same at })ublic auction, for the benefit of 
said Commonwealth and State, first giving thirty days public notice of 
the time and place of sale, by posting the advertisement at one or more 
public ])laces within your di^tiict. 

GEO. W. COFFIN, 
Land Agent /or the Commonwealth of Massachusetts. 
JAMES IRISH, 
Land Agent /or the State of .Maine. 
To Mr. James Baco.v. 



Xo. 1. 
Justice Morehousc''s icarrant against John Baker and two others. 



[L.S.] 



York : To the high sheriff of the county of York, and his 
deputies, and to all and singular the constables of the respective 
towns and parishes in the same county, and to every one of 
them. Greeting : 

Forasmuch as it aj)pears to me, George xMorehouse, Esquire, one of 
his Majesty's justices, assigned to ktof) the peace in and lor the said 
county, as w ell by the oath of Peter Markee and others, as upon my 
own view, that John Baker, James Bacon, and Charles Studson, all of 
tlic parish of Kent, in the county of York, aforesaid, laborers, have been 
guilty of a high misdemeanor, by endeavoring to persuade and procure 
divers of the inhabitants of the said p;'.iish, his Majesty's loyal subjects, 
to depart fiom the allegiance which they owe to his said Mnjesty, and in 
violently opposing the execution of the laws of the lealm of England and 
of this Province within the said parish, and opposing and resisting the 
authority of his Majesty's Government there, and conspiring together to 
snbveit his Majesty's authority and (lovernmcnt in that j)art of this Prov- 
ince : These are, in his Majesty's name, to command you, and every one 
of you, forthwith to npprchrnd the said John Baker, James Bacon, and 
Chailes Studson, and bring tlicm l)efoie me, the said justice, at my 
dwelling-house in (he said parish, to answer to the said charge, and fur- 
ther to be (U.all wilh according to law. Hereof fiiil not at your [)eril. 
Given under my hand and seal, at the parish of Kent, aforesaid, the 
twenty-second day of September, in the year of our Lord one thousand 



[ Senate 1^00. No. 130. ] 65 

eight hundred and t?venty-sevcn, and in the eighth year of the reign of 
his Majesty King George the Fourth. 

GEORGE MOREHOUSE, 

Justice of the Peace. 

I have taken the body of John Baker, and ^lad him before George 
Morehouse, Esquire, on Tuesday, the twenty-fifth day of September, 
who referred me to the Attorney General for examination. The said 
John Baker I have now in custody, to be dealt with as the law may 
direct. The other olTenders, Bacon and Studson, could not be arrested. 

E. W. MILLER, S/^enJ. 



No. 2. 



Copy of information against John Baker for a misdemeanor^ October 

13, 1827. 

New Brunswick ) Michaelmas term, in the eighth year of the reign of 
Supreme Court. \ King George the Fourth. 
York, to icit : 

Be it remembered, that Thomas Wetmore, Esquire, Attorney General 
of our sovereign lord the now King, for his Majesty's Province of ]>iesv 
Brunswick, who for our said lord the King prosecutes in this behalf, in 
his own proper person, comes here into tiie court of our said lord the 
King, before the Ki.ng himself, at Fredeiicton, in the county of York, o\\ 
Saturday next after the second Tuesday in October, in this same term, 
and for our said lord the King gives the court here to understand and be 
informed, that John Baker, of the parish of Kent, in the county of York, 
laborer, being a person greatly disaffected to our said lord the nov/ 
King, and his Government, within this his Majesty's Province of New 
Brunswick, and contriving, endeavoring, and unlawfully, maliciously, fac- 
tiously,and seditiously, intending to vex, molest, and disturb, the peace and 
common tranquillity of this Piovince, and to bring into hatred and con- 
tempt our most serene lord the now King, and his Government, and for 
creating false opinions and suspicions in the people and subjects of our 
said lord the King, of and concerning the Government and administra- 
tion of our said lord the King, and of the royal power and undisputed 
j)rerogative of our said lord the King, within this Province ; he, the said 
John Baker, tor performing, perfecting, and eilecting, his said most wicked 
contrivances and intentions, on the fifteenth day of July, in the eighth 
year of the reign of our sovereign lord King George the Fourth, at the 
parish of Kent aforesaid, in the county aforesaid, with force and arms, 
contemptuously, maliciously, factiously, and seditiously, applied to one 
Peter Markee, being one of the subjects of our said lord the King, resi- 
ding and inhabiting within the said patish, and then and there endeavor- 
ed to persuade and seduce the said Peter Markee to depart from and 
violate the allegiance which he owed to oui' said lord the King, and did 
then and there present to the said Peter Markee a written paper, then 
and there requesting and persuading him, the said Peter Markee, to sub- 
scribe his name thereto ; then and theie stating to the said Peter xMarkee 
5 



06 



[ Senate Doc. Xo. 180. J 



that the same j)aj)or was diawn up by him, the said Jolm Baker, and 
otheis rcsidini: in the Madawaska i^cttlenicnt, in the parish aforesaid, and 
county aforesaid, with an intent theie!)y to bind those who subscribed 
the same paper to defend one another against any act of a British officer, 
civil or Hiilitary, and not to allow the British laws to be put in force 
anion<^ them in the said Mada\vaska settlement aforesaid, (to wit, in the 
pari^h albrcsaid and county aforesaid,) he, the said John Baker, then 
and there declarins; that the British Government, meaning; the (sovern- 
nient of our said lord the King, had no right to exercise any authority 
over the inhaljitants of the said settlement, and that the Government of 
the United States of America would j)rotect him, the said John Baker, 
and others, his confederates as aforesaid, in what they were then doing: 
And that he, the said John Baker, in order further to perform, perfect, 
and effect, his malicious, factious, and sedi'tious intentions and designs 
aforesaid, afterwards, to wit, on the eighteenth day of the same month of 
July, in the yeai- aforesaid, at the parish aforesaid, in tiie county afore- 
said, endeavored to opj)oso and obstruct the postman then and there 
having the custody and carriage of his Majesty's mail to Canada, in the 
prosecution of his journey witli the same mail, he, the said John Baker, 
then and there declaring, with a loud voice, in presence and hearing of 
divers of the subjects of our said lord the King, that P'ngland had no 
right to send her mails by that route, (meaning through that part of the 
said jiarish of Kent,) and that he, the said John Baker, had received 
orders fiom the said Government of the United States to stop the con- 
veyance of the said mails through the same, to the derogation, great 
damage, diminution, and prejudice, of our said lord the King and his pre- 
rogative, in very great contem[)t of our said lord the King and his laws, 
to the evil example of all others in the like case offending, and against 
the peace of our said lord the King, his crown, and dignity. 

Whereupon, the said Attorney General of our said lord the King, who 
for our said loid the King in this behalf prosecutes for our said lord the 
King, prays the consideration of the court here in the premises, and that 
due process of law may be awarded against the said John Baker, in this 
behalf, to make him answer to our said lord the Kinjr touchinir and con- 
cerning the premises aforesaid. 

T. WETMORE, 
AWy pro Dom. Reg. Gen. 



No. 3. 

Copies of report <>/ Jiislicr Morehouse, and other documents relating to 
the riot (imt rescue of James Bacon. 

Kent, August 22, 1827. 

Sir : A few doys stibsetpient to my in(|uirii'S into the late conduct of 
American citizens in Madawaska, application was made to me by one 
Phineas \l. lloll'ord, for a capias to hold James Bacon, one of the ling- 
Icaders in their iclractory conduct, (o b;iil for debt. I issued the writ, 
and the constable, .loseph Sanlai;on, has this day made report to me, 



[ Senate Ucjc. No. 130. J 67 

that he served it on Hacon, but that Bacon was rescued and taken out 
of his hands hy a |)arty of Americans, about twelve in number, all armed 
with muskets and swords, who ordered him to t^o about his business, and 
threatened to take his life if he returned, as well as the person who ap- 
plied for the writ ; thus putting; in execution their threats, that they 
would not allow the laws of England to be put in force amonf^st them. 
From this flagrant conduct of them, I shall not attem[)t to issue any more 
writs against them until they are reduced and compelled to adopt a 
tnore friendly line of conduct towards us, as I conceive that sending 
constables among them will be running an unnecessary risk of their lives. 

1 have the honor to be, sir, your most obedient servant, 

GEORGK MOREHOUSE. 

Thomas Wetmore, Esq. 



New Brunswick, York, ss : 

Joseph Sanfa9on,of Madawaska, and one of the constables of the par- 
ish of Kent, in the county of York, and Province of New Brunswick, 
niakcth oath and saith : That having a capias to hold to bailjamcs Bacon, 
an American citizen residing in M;idavvaska, at the suit of Phineas Rey- 
nold Hofford, deponent proceeded for that purpose to the residence of 
the said James Bacon, in Madawaska, on the morning of the eleventh 
of August last, between the hours of seven and nine o'clock, A. M., 
when deponent took the said Bacon prisoner, and demanded bail. That 
Bacon declared he would not submit to the authority of that writ ; but 
immediately sent a man to bring John Baker, and others, to rescue him. 
That the said John Baker, an American citizen resident there, came^ 
armed with a sword, and with him a party of men, American citizens, 
to wit : John Schoedder, armed with a musket, Walter Powers, Nathan- 
iel Bartlett, Daniel Savage, Isaac Jones, and John Baker, jr., all armed 
with clubs, as well as others, American citizens, unknown to this depo- 
nent. That John Baker, Nathaniel Bartlett, and Daniel Savage, acted 
as leaders in the fray, and encouraged the others to assist in rescuing 
Bacon ; that they demanded of deponent to give up his prisoner, and on 
his refusal so to do, stepped forward and by force took him away ; at the 
same time they formed a ring, putting Bacon in the midst of them, and 
declaring that if it was a writ from the United States they would submit 
to its authority, but that they had bound themselves not to submit to the 
laws of England. 

That John Baker addressed himself to this deponent in most violent 
language, thieatening to take his life for attempting to serve that writ; 
when this deponent, finding any further attempts to do his duty useless, 
desisted, and went away. 

JOSEPH SANFACON. 

Sworn before me, at Kent, this 9th dav of November, 18-27. 

GEORGE MOREHOUSE, 

Justice of the Peace. 



«S I Senate Doc. No. 130.1 

VoKK, ss : 

IMiiiieas Reyrn^lti [{offord, of the town or parish of Kent, in the county 
ol" \ oik, niakeih oath and saith : 'I'hat James Baijon, oi" the town or parish 
i>f Kent, in the said county of York, is justly and truly indebted unto 
this deponent, in the sum of five pounds of lawful money of New Bruns- 
wick, over and above all discounts ; and that he, the said James Bacon, 
IS about to abscond or depart from this county, as he the deponent is 
informed, and verily believes ; and that he, the deponent, will be in 
danger of losing his said debt, unless the said debtor be held to bail for 
the said sum, so due as aforesaid, in an action which the deponent is 
now about to commence for the recovery of the same. 

PHINEAS R. HOFFORD. 

Sworn before me, this 9th day of August, J827. 

GEORGE MOREHOUSE, 
Justice of the Peace for the countij of York. 



YoKK, ss : 

George Moiehouse, Esq., one of his Majesty's justices of the 
peace in and for the county of York : 

To either of the constables of the town or parish of Kent, in the said 
county, greeting; You arc hereby commanded to take James Bacon, if 
he shall be found in your parish, and him safely keep, so tliat you may 
have his body before me, at my otfice in Kent, in the said county, on 

day, the day of August, to answer Piiinoas Reynold liof- 

ford, in an action for debt, in the sum of five pounds, and have you then 
there this precept. 

Given under my hand and seal, at Kent, this 9th day of August, in the 
year of our Lord one tiiousand eight hundred and twentv-seven. 

GEORGE MOREHOUSE, 

Justice of the Peace. 

Take bail for £5 0.s. Od. 



No. 1. 
Infomiation and process against John Baker ^ for trespass and intrusioji. 

In the Supreme Court. Exchequer side. 
YoKK, to xrit : 

Be it renjemberod, that Thomas VVetmore, Esq., Attorney General of 
our .sovereigr» lord the King for this his Majesty's l^rovince of New Bruns- 
wick, who prosecutes for our said Lord the King, comes in his own 
piop(;r pei.>5un into tiie court ol our said lord the King before the jus- 
tices of our said lord the King at Fredcricton, on the seventeenth day of 
Se])t»inbcr, in the eighth year of the reign of our sovereign lord the 
now King, and for our said lord the King gives the court here to under- 
slaiii!, and be informed : That whereas a certain tract or parcel of land, 
situate in the parish of Kent, in the county of Yoik, in the said Province, 



[ Senate Doc. No. 130. 1 



69 



and lying on both sides of the river St. John's, between the mouth of the 
Madawaska river and the river St. Francis, and containing in the whole 
fifty thousand acres, in the hands and possession of our said lord the 
King on the fiist day of February, in the first year of his reign, and be- 
fore and continually after, was and of right ought to be, and yet ought to 
be, in the right of his Imperial Crown of the United Kingdom of Great 
Britain and Ireland, and as part of the dominions of our said lord the 
King in this Province, and for so long a time as there is no remem- 
brance of any man to the contrary, has been in the possession of the said 
lord the King and his predecessors, the Kings and Queens of Great 
Britain and Ireland, and a part of the dominions of the said Crown. 
Nevertheless, one John Baker, of the parish aforesaid, in the county 
aforesaid, farmer, the laws of the said lord the King in no wise regard- 
ing, but intending the disherison of the said lord the King in the 
premises, on the first day of February, in the second year of the reign of 
our said present sovereign lord the King, and on divers days and times 
before and since, with force and arms, and without any lawful authority, 
in and upon the possession of the said lord the King of apart of his said 
lands, to wit : One hundred acres thereof, lying on the westerly side of 
the Land Turtle, or Mereumpticook river, a branch of the said river St. 
John's, at the parish aforesaid, in the county aforesaid, intruded and en- 
tered, and erected and built thereon a certain house, and other edifices, 
and cut and felled divers, to wit : five hundred timber and other trees 
thereon standing and growing, of the value, together, of one hundred 
pounds, and took and carried away the timber and wood arising from the 
said trees, and of his own will disposed thereof, and the issues and the 
profits of the same land coming, received, and had, and as yet doth re- 
ceive and have, to his own use, and still holds and keeps possession of 
the same lands. And the said trespass aforesaid hitherto and yet con- 
tinuing, to the great annoyance of our said lord the King, in contempt of 
our said lord the King, and contrary to his laws and against the peace 
of our said lord the King: Whereupon, the said Attorney General of our 
said lord the King, for the said lord the King, prays the advice of the 
court here in the premises ; and that the aforesaid John Baker come 
here to answer the said lord the Kiny; in the premises. 

T. WETMORE, 

Attorney General. 



George the Fourth, by the grace of God, of the United Kingdom 
[l. s.] of Great Britain and Ireland, King, Defenderof the Faith, &c., 
to John Baker, Greeting : 

We command you, firmly enjoining that, laying aside all excuses what- 
soever, you be in your own proper person before the Justices of our Su- 
preme Couit of Judicature for oui- Province of New Brunswick, at Fied- 
ericton, on the second Tuesday in October next, to answer to us of and 
concerning certain matters which on our behalf shall be then and there 
objected against you. And this you are by no means to omit, under tho 
penalty of one hundred pounds, which we will cause to be levied on your 



70 



\ Seiialc Dor. No. 130. J 



gi'oils and chattels, lands and tenement.-;, to our use, it' you neglect to 
olivY iliis our present command. 

Witne.ss: JOHN SAUNDERS, Esq., 

Our Chief Justice at Fiedericton, the seventeenth day of September, 
in the eightli year of our reign. 

Bv tlie Justices : 
[indorsed] ' PUTNAM. 

At »he suit of the Attorney General, for trespass and intrusion on the 
crown lands. 

T. WETMOHE, 
Attorney General. 
September 17, 1827. 



No. 



Currespondence^ &fc.^ relalAig to the intrusions of Nathan Baker and 

others^ in 1818. 

St. John's, December 29, 1818. 

Sir : Some short time since, the enclosed letter was forwarded to me 
by the honorable Judge Bliss, from a Mi'. Du Perree at the Grand Falls, 
stating that some Americans had recently set themselves down at the 
Madawaska settlement, on the plea that the ground belonged to the Uni- 
ted States. 

A c()})y of ^Iv. Du Perrec's letter has been shown to our minister at 
Wasliington, by Colonel Barclay, and I now send you a copy of Mr. 
Bagot's communication on the subject, and from a consideration of which 
I have to request that you v» ill take immediate steps to get more particu- 
lar information fiom Mr. Du Perree, and further act in the affair as you 
may judge legal and expedient. 

1 have to request to be acquainted, from time to time, as to the exact 
state of (his transaction. 

I have the honor to be, sir, your humble servant, 

G. S. SMYTH. 

The Hon. Attorkey Geneual. 



Washington, December 8, 1818. 

Sill : I received on the -Ith your letter of the 2d instant, and have 
since had an oppoitunity of speaking upon the subject of it with Mr„ 
Atlams. 

Fiom my conversation with him, 1 have every reason to he assured 
that the American Government will readily take whatever measure may 
be necessary to prevent the occupation of American citizens of any part 
of the tcriitoiy, which, until otherwise decided by the commissioners' 



[ Senate Dot-. No. 180. ] 71 

of boundary, 1*3 considered to he ours; I)ut Mr. Adams appears to think 
that the poisons referred to in Mr. Dn Pence's letter to Jud^e Bliss, 
arc, in reality, what are called s(juattets, and must be dealt with accord- 
ingly- 

In this view of the subject, it appears to me that the Governor of New 
Brunswick need not scruple to displace them by whatever is the ordinary 
process resorted to against persons of thisdescriptioti ; and if tlieir names 
can be ascertained and communicated to me, this (jovernment will not 
delay to request the Governor of Massachusetts to take such steps in 
respect to them as may depend upon him. 

I have the honor to be, sir, your most obedient servant, 

CHARLES BAGOT. 

Col. Barclay. 



[translation.] 

Madawaska, September 5, 1818. 

Sir: After paying you my best respects, I shall be very glad if our 
jurisdiction be enforced as usual iii Madawaska, because there are sev- 
eral American families arrived amongst us, from the Kennebeck river, who 
would induce many of the inhabitants of this district to believe that the 
jurisdiction of the United States is in force, and that of New Brunswick 
not, wliich 1 do not believe ; and I hope tliat your honor will be pleased 
to have me in your consideration relating to this matter. 

1 have the honor to be, sir, your obedient servant, 

P. DU PERREE. 

Hon. J. Murray Bliss. 



Fredericto.v, January 8, 1819. 

Sir : Your letter to the honorable Judge Bliss, of the 5th of last Sep- 
tember, stating " that some Americans had recently set themselves down 
at the Madawaska settlement, on the plea that the ground belonged to 
the United States," having been sent by him to his excellency the Lieu- 
tenant Governor, and a copy of it shown to his Majesty's envoy to the 
United States, and a conference had thereon with the Secretary of State 
of that Government, I have leceived the Lieutenant Governor's com- 
mands to get more particular information from you on the subject, and to 
take such steps in the affair as maybe legal and expedient. I must, there- 
fore, request that you will, as soon as possible, inform me of the names 
of any American citizens who have within the last eight months taken 
up their residence in the Madawaska settlement, or anywhere in the 
neighborhood of it, to the westward of the line of experiment lately run 
across the river St. John's, and the particular places where they may have 
set themselves down, and the time when, and whether on ungranted 
lands bought from individuals, and from whom ; and, also, whether any 
surveys have been lately made by any American surveyors on the 
.Madawaska or St. John's rivers, to the westward of the said line, fn 
short, I must beg of you to give me the fullest and most particular infor- 



7 2 f Senate Doc. No. 130. | 

mation ofany atte:nj)t that has been, since the running of that h'ne, made 
by any Ameiicans to encroach upon that part of his Majesty's territory; 
for. until it is otheiwise decided by the commissioners of boundary, the 
^vhole of the river St. John's, and of course the ^Jadawaska river, must be 
considered as belonging to his Majesty. 

1 am, sir, voui- most obedient servant, 

THOMAS VVETMORE, 

Attorney General. 
To Capt. Peter Du Perree, Madawaska. 



Mal)av,aska, February 20, 1819. 

Honored Sir : In answer to your letter of the 8th January, I have sent 
yoH a particuh'ir account of the Americans who have taken up their resi- 
dence in the Madawaska settlement. Captain Nathan Baker came to 
Madawaska twelve months ago. At that time he wished to introduce 
the laws of the States ; brought a magistrate along with him from the 
States, (o form a corporation, aiid desired my concurrence. I told him \ 
would have nothing to do with such matters before the line was settled 
between tlie British Government and the States. I likewise told the rest 
of the French settlers to have nothing to do with him about such matters, 
which they did. In August last he brought his wife and family from 
Kennebeck river, and took up his residence in the upper settlement of 
Madawaska, and built a house. In the beginning of October he began to 
lumber, and, with five men, took a range for wood through ten lots, on all 
M hich there are settlers, and some of them established fifteen years ago, 
and have made considerable improvements. Some of the inhabitants 
forbade him to cut wood upon their lots ; he said it did not belong to 
them, but to the States. He has already about ten or twelve hundred 
t'liis of timber, a great part of which 1 saw, on the 19th February, upon 
the banks of tlie river St. John's, on the north side. He appears to me to 
be a man who takes much upon him. In August last, Captain Flecher 
came from the States, and entered into partner ship with him in the lum- 
ber trade. 

John Herford came fiom the States with his wife and family, at the 
same time, and took up his residence in the up[)er settlement of Mada- 
waska, built a house, and is carrying on improvements on his land. Like- 
wise, his sou George Herford, with his wife and family, settled beside his 
father, and built a house, and improving his land. About three months 
ago they came down to make shingles, at the mouth of the Madawaska 
rivei-, upon the land belonging to the Indians, but will return to their set- 
tlements, when the river opens, to plant. In the last of Sci-ptember, Es- 
rjuir(-' Johnson's son, one of the American suiveyors, made a survey upon 
the north side of the river St. John's, beginning at the mouth of the Mad- 
awaska river, up to the river St. Francis; he measured the French set- 
tlement at the same time. If you want any inore information resj)ecting 
these or other matters, I shall be happy to give you all the information in 
my j)owcr. 

lam, honored sir, your mo.st obedient servant, 

P. DU PER KEF, 

Thomas Wet.more, Esq., Captain of I lie Militia. 

Attorney General, Fredericton. 



[Senate Doc. No. 13o. ] 73 

No. G. 

Letters to Sheriff Miller^ report to the Lieutenant Governor^ and hU 
ExcellQncy\s' approval of the course pursued by the Attorney General, 

KiNGswooD, September 13, 1827. 

Sik: Upon my arrival here last night, I was much surprised and a lit- 
tle ahirmed at the intelligence I received, of the niannor in which the 
sheriff had commenced his journey up the river, to perform the service 
required of him in regard to the execution of process on the Madawaska 
intruders ; and I this morning early despatched my son Robert, in pursuit 
of him, with a letter, of which I beg to trouble your excellency with a 
copy. That letter reached him at the distance of about eight miles from 
town. The effect it produced will appear by the certificate thereon en- 
dorsed. 

A few moments' consideration led to the conclusion that my duty was 
not discharged until I had used my utmost exertion to put a stop to the 
execution of a project which I was very apprehensive might produce se- 
rious mischief, and greatly embarrass your excellency in any attempt at 
explanation, why, instead of only two or three attendants, the sheriff should 
have proceeded with a party of sixteen men, armed and equipped as a 
military body. I therefore wiote another letter to the sheriff, which 
overtook him at the distance of about twenty-two miles from town. To 
a copy of that letter, and the certificate thereunder written, I crave leave 
also to refer your excellency. 

The sheriff intends, as my son informs me, to proceed in the morning, 
on horseback, in the way poiHted out in my letter of the 7th instant. 

The steps which 1 have taken, although they maybe disapproved of by 
some, will, I hope, be considered by your excellency to be such as could 
not have been omitted, under existing circumstances, without a neglect 
of my duty. 

I have the honor to be, with great respect, sir, your excellency's most 
obedient and very humble servant, 

T. WETMORK, 
Attorney General. 

His Excellency Sir Howard Douglas, Baronet^ 

Lieutenant Governor and Commander-in-chiefs SfC. 



No. 7. 



Copies of letters relating to the conduct of John Baker and others^ and 
directing an inquiry into the same. 

KiNGswooD, September 13, 1827. 

Sir : Being informed, upon my arrival last night from the city, that 
you had, contrary to the direction contained in my letter of the 7th, pro- 
ceeded on your journey up the river, with a posse from Fredericton, to 
execute the process which Mr. Justice Morehouse is requested to issue 



74 [ Senate Doc. No. 13o. ] 

against Baker and (wo others, I have considered it a matter of sufficient 
itnpoitance to despatch my son express alter you, with this my piotest 
against that measure, or any other deviation fiom his excellency's com- 
mat)ds, as expressed in that letter, whicli has received his entire appro- 
bation. Two attendants will be amply sufficient, and better than three; 
and those not armed in any unusual way. The process is to be executed 
in the usual and ordinary manner, and it is committed to you to induce a 
ready suI)mission to the laws, when can icd into execution by an officer 
of your rank; and if you make any parade of force, until after you meet 
will) opposition and iesistancc, you will incur his excellency's gieat dis- 
pleasure. 

I have tiie lienor to be, sir, your obedient servant, 

T. WETMORE, 
Attorney General. 

Mr. Sheriff Miller. 



[Endorsed on the preceding. ^ 

September \o., 1827. 

I do certify that 1 did, this day, deliver to Mr. Sheriff Miller a letter, 
of which this is a copy; and at the same time intimated that his pro- 
ceeding upon this expedition with so many attendants, and in such a 
manner, would be acting in direct violation of his excellency's commands; 
and that it must be upon his own rcspoiisibilily. 

His reply to me was, that he had taken the advice of the council ; and 
that, at all events, lie would not now leturn. 

T. R. WETMORE, 
Clerk to the Attorney General. 



KiNGswooD. September 13, 1827. 

Sir : Finding, fiorn my son's report to me, that you are determined \ 
to act in opposition to the wishes and commands of his excellency the 
Lieutenant Covenior, in ihe business which has been the subject of my 
letter to you of this morning, it becomes my indispensable duty to re- { 
(juire that you return to me, by the bearer, the despatch which I intrust- 
ed to your care, addressed to Mr. Justice George JNIorehouse, in my let- 
ter to you of the 7th instant, as all further proceedings in the alTair must 
be suspended until his excellency's [)leasure shall l)C known in regard 
to the extraordinary course you are i)i.irsuing, of which 1 sliall make an j 
immediate report. , 

If you withhold that letter, after this requisition, you will reduce me to 
the necessity of sending an express to Mr. Morehouse, to countermand 
the directions therein contained. 

I have the honor to be, .-^ir, your obedient servant, 

T. WETMORE, 
Attorney General. 

MOW.XKI) WiNSLOW MlI.I.KK, 1^S(|., 

Jligh tSheriJf of York. 



f Scnule Dor, No. 13(). ] 7 5 

' *. S. As it is his excellency's wish that no time should be lost in per- 
foiruing the service iii which you are now engn^oti, you are at liberty to 
proceed, upori condition only that you take with you hut two attendants ; 
and it appeals to mo that, wure you to ii;o on hois(jh;;ck, you would exe- 
cute the duty in one-lburtii ol the time. 

T. W. 

[Endorsed upon the preceding lettir.] 

Mr. ShcriiT MiMcM-, upon seeing me, having concluded immediately to 
return, and having anticipated the nature of iwy errand, I deemed it un- 
necessary to deliver him the despatch, of which the preceding is a copy ; 
but read to him such parts of the same as were necessary for his informa- 
tion, particularly the postscript, by which he was at liberty to retain the 
despatch to Mr. Justice Morehouse, upon the condition therein stated. 

T. K. VVETMOKE, 
Clerk to the Attorney General. 



St. John's, Sepiemher 18, 1827. 
Sir : I am commanded by his excellency the Lieutenant Governor to 
acknowledge the receipt ofyour letter of the 13th instant, and its sever- 
al enclosures, reporting to his excellency the manner in which the sheriif 
of York county had commenced his journey up the river, to perform the 
service required of hi.m, in regard to the execution of process on the 
Madawaska intruders. 

His excellency desires me to convey to you his excellency's entire 
sanction and approbation of the course you have pursued, and of the di- 
rections which you gave the slieriii'on this occasion, who would have in- 
curred his excellency's most severe displeasure had he persisted in the 
manner of proceeding in which it appears he had commenced his 
journey. 

I have the honor to be, sir, your obedient humble servant, 

C. DOUGLASS, 

Private Secretary. 
The Attorney General. 



Fredericton, July 31, 1827. 

Sir : Youi- letter of the 2Gth to the provincial secretary, enclosing a 
letter from Mr. Francis Ivice to you, dated 25th instant, having been re- 
ferred to me by his excellency the Lieutenant Governor, with directions 
to procure the necessary afiidavits of the facts stated by Mr. Rice, I must 
request you will be pleased, with the least possible delay, to proceed to 
the place, and j)ossess yourself of the best proofs of the conduct of Baker 
and others, whicli you will forward to me under cover to the Secretary. 
I send herewith a copy of Mi-. Rice's letter for your guidance. 

You will be particularly careful to ascertain, if possible, whether Baker 
is acting under pretended authority or not ; an(l procure, if you can, a 
copy of the paper w'hich has been oflered for signature. 



76 [Semite Doc. No. l3o. ] 

Should Baker or any other person use any violence or force to obstruct 
(he post, you will of course consider it your duty, upon receiving the 
complaint under oath, to cause the offender to be arrested and committed 
to jail, unless he gives satisfactory security for his appearance at the next 
supreme court, to answer to the charge. 

1 must beg you Avill furnish me with a sketch or general description of 
the lands which Baker or any other Amciican citizen is in possession of, 
in the neighboriiood of Madavvaska, and the length of time they have 
possessed the same. 

I have the honor to be, sir, your most obedient servant, 

T. VVETMORE, 



George Morehouse, Esq. 



Attorney General. 



No. 8. 



Copies of Justice Morehouse'' s report, ivith affidavits of Peter Markee 
and others, and a list oj American citizens settled in JSladawaska. 

K-EisT^July 26, 1827. 

Sir 4 I have the honor to enclose a letter addressed to me by Mv. 
Francis Rice, adjutant of the Madawaska militia, by which you will see 
the American subjects residing in that settlement are disposed to acts of 
aggression, which his excellency may think |)roper to take measures to 
put a stop to. I therefore request that you will lay this before his excel- 
lency, for his consideration. 

I have the honor to be, sir, your most obedient humble servant, 

GEORGE MOREHOUSE. 

\V. F. Odei.l, Esq., ^c. 



Grand River, Madawaska, July 25, 1827. 

Sir: Having commenced, Saturday, 21st instant, the militia company 
training, and finding some disorder amongst the people, occasioned by 
Baker and others, in the upper settlement, I find it my duty to let you 
know as much as I am informed concerning them. In the first place, 
they have a written document, wherein they say they have authority 
from the States, to have it signed by the French people of Madawaska. 
This they have proposed to many of the inhabitants, and I am sorry to 
say they have persuaded some of them to sign it ; the name of one of 
the signers is Abraham Chamberland. Baker is the head man. All 
this can be proven by oath. In the second place, Baker met the post- 
man, and abkod him what he had got with him ; he (old him it was the 
Province mail. 'I'hon Baker (old the post that he had orders from the 
States to stujj it. The man told him tliat if he was a better man than 
him, to try and take it Baker answered and said, he would let it pass 
for this tinie ; but, at a future period, he would put his orders in execu- 
tion. 

Sir, if this Bal;(!r and others are not stopped immediately, they will cor- 



f Senate Doc. No. V^O. ] 77 

rupt a great part of our militia. You have licard of the liberty-pole 
they have raised in this settlement. I need not t^ivc you any informa- 
tion as to that; anything strange that may happen in this place 1 will 
trouble you with the shortest notice. 

1 am, sir, with j>;rtatest respect, your humble and obedient servant, 

FRANCIS RICE, Adjutant. 



New Brunswick, York, ss : 

William Feirio, of Madawaska, in the parish of Kent, county of York, 
and Province of New Brunswick, maketh oath and saith : That by an 
invitation from John Baker, an American citizen, who resides in Mada- 
waska, he, the deponent, went to the said Baker, on the fourth day of 
July last, one thousand eight hundred and twenty-seven ; that Baker and 
the other American citizens then raised a llag-stafl', and placed the 
American flag thereon; that the said Baker then declared that place to 
be American territory, which he repeated to this deponent and other 
French settleis then there, and that they must, for the future, look upon 
themselves as subjects of the United States, who would protect them 
and him in what he was doing. 

WILLIAM FEIRIO, his + mark. 

Sworn before me, at Madawaska, in Kent, this 8th day of August, 

1827. 

GEORGE MOREHOUSE, 

Justice of the Peace. 



New Brunswick, York, ss : 

Peter Sileste, of the Madawaska settlement, in the parish of Kent, 
and county of York, in the Province of New Brunswick, maketh oath 
and saith :' That on the 18th day of July, one thousand eight hundred and 
twenty-seven, as this deponent was proceeding up the river St. John's, 
in charge of the mail for Canada, one John Baker, an American citizen, 
who resides in Madawaska, met him near the Chapel, when the said 
Baker demanded of this deponent what he had in his canoe ; on being 
told by this deponent it was the mail for Canada, the said Baker then 
declared that England had no right to send her mails that route ; and 
that he (Baker) had received orders from the Government of the United 
States to stop them ; but on the deponent^s saying that he should not 
have that mail without he was a better man than deponent, he (Baker) 
Uaid it might j)ass for that time, but for the future it should not, as he was 
determined to put the orders of iiis Government into execution. • 

PETER SILESTE, his + mark. 

Sworn before me, at Madawaska, in the parish of Kent, this 9th day 
of August, 1827. 

GEORGE MOREHOUSE, 
Magistrate for the county of York. 



7S [ Senate Doc. No. 13u. J 

New FjRUNswrcK, York, ss : 

Abroham Chambciland, of (he Madawaska settlement, in the parish 
of Kent, and county ol' Voik, in the Province of New Brnnswick, 
iiiaketh oatli and saith : Tliat on or about tlie fifteenth day of July, one 
thousand eight liundred and twenty-seven, one Charles Studson, an 
American citizen, residing in iMadawaska, presented a written paper to 
deponent, and asked him to sign it ; that deponent asked him the con- 
tents of the said paper, when the said Studson informed him that, by 
that jiaper, (hey bound themselves to oppose the execution of the laws 
of EngU\nd amongst them in Afadawaska, and that his Government, the 
United States, would protect them in what they were doing. 

ABRAHAM CII.\MBERLAND, his -f mark. 

Sworn before me, at Madawaska, in the j)arish of Kent, and county of 
York, this 7lh clay of August, 1827. 

GEORGE MOREHOUSE, 
Justice of the Peace f 07' the county of York. 



Nev/ Brunswick, York^ ss : 

Peter Markce, of the Madawaska settlement, in the parish of Kent, 
and county of York, in the Province of New Brunswick, makeih oath 
and saith : That on or about the fifteenth day of July last, one thousand 
eight hundred and twenty-seven, three persons, John Baker, James Ba- 
con, and Charles Studson, American citizens, residing in the Madawaska 
settlement, came to this dc|)onent, and presented a paper to him, to sign 
his name tliercto. That on deponent asking them the contents of it, 
ihey declared that it was a document drawn up by them and others re- 
siding in Madawaska, the intention of which was, that they bound them- 
selves to defend each other against any act of a British officer, civil or 
military ; that they did not intend to allow the British laws to be put in 
force auiongsi them in the Madawaska settlement; that the British Gov- 
ernment had no right to exercise any authority over them, as that was 
American territory, and the Government of the United States would 
juotecl them in what they were doing. 

PETER MARKEE, his + mark. 

Swoin before me, at Kent, in the county of \'ork, this 7th day of 
August, 1827. 

GEORGE MOREHOUSE, 
Justice 0/ the Peace for the county of York 



[ Senato Doc. No. 130. J 79 



After getting the alTidiivits of some of the French settlers, I went up 
the river to where there is a settlement forming by Americans, and en- 
deavored to get in my possession tlie paper which had been olfered for 
signatures, but fcund that quite out of the question ; they pointedly re- 
fused to let me see it. As soon as it was known that 1 was in their set- 
tlement, Baker and others hoisted the American flag as a token of defi- 
ance ; I ordered him to pull it down, but, instead of complying, Baker, 
as their organ, made the following declaration : 

That they had hoisted that flag, and they had mutually entered into a 
written agreement to keep it (here; and that nothing hut a force superior 
to their own should take it down. That they considered, and had a 
right to consider, themselves on the territory of the United States; and 
that they had bound themselves to resist, by force, the execution of the 
laws of Great Britain amongst them ; and that they had a right to expect 
and would receive the protection and support of their Government in 
what they were doing. 

it seems the flag in question was first raised on the 4th of July last, 
when Baker, a few days previous, personally invited the most of the 
French settlers to join them in that act ; but I am happy to have it in my 
j)dwer to say that but few complied. 

I find they are using every argument to induce the French people to 
declare themselves American subjects ; and 1 fear, if those fellows are 
not well looked after, they will eventually succeed in their designs, for I 
find their insinuations have aheady had the eflect to throw some of the 
people in doubt whether they are to consider themselves British or 
American subjects. And 1 trust that his Majesty's Government vill 
speedily take such measures as will convince the French settlers of 
Madawaska that the Americans have no right to act as they do, and 
crush this banditti ; for 1 feel convinced, that unless this transaction is 
promptly followed by some other to suppress them, that the French, it is 
more than probable, will shortly consider us the intruders. 

I herewith send the affidavit of the postman whom Baker was said to 
have stopped, vrhieh will show what passed between them ; also, a list of 
American citii:ens settled on the river St. John's, above the French set- 
tlements. 

1 have the honor to be, sir, your most obedient, 

GEORGE MOREEIOUSE. 
Thomas Wetmore, Esq. 



List of American citizens in possessioji of lands in Madawaska, 

quantity, ^-c, 

James Bacon, on the lower or southeast side of tlie Mereumpticook 
creek, fronting the river St. John's, one hundred acres, deeded to him 
in 1825, by James Irish and George W. Coffin ; settled nine years. 

John Baker, on the upper or southwest side of the creek, one hun- 
dred acres, deeded to him by Coffin and Irish ; settled nine years. 

Charles Studson, joining Bacon, on the lower side, one hundred acres ; 
settled three years. 

Mathias Acorn, joining Baker on the northwest, settled one year; in 
possession of one hundred acres. 



80 [ Senuto Doc. Xo. 130. ] 



John Scheodder joins Acorn on tlio west, in possession of one hun- 
dred acres; ^cttled two years. 

Steplien (iroxer, joining Scheodder on the west side ; one year settled ; 
one hunched acres. 

JoliM lloilord, ahout two miles ahove Crover's ; settled ten years. 

Oakes, about three miles above the Mereumplicook, on the southwest 
side of the river St. John's, in possession of one hundred acres; three 
years settled. 

John lloilord, about five niilcs above Fish river, two hundred acres ; 
settled ten years. 

Fish river empties into the St. John's, on the southwest side, about 
five miles above the Mereumj)ticook. 

John Hoflbrd, junior, joininj; the last-mentioned on the west side, one 
hundred acres; settled one year. 

Samuel Ilofford joins John HofTord, junior, on the west; settled one 
year; one hundred acres. 

Piiineas Reynold Holl'ord joins Samuel HofTord on the west side ; set- 
tled uine years. 

Isaac Jones, in possession of an island about eight miles above Fish 
river. 

Jacob Goldtiirite, in possession of an island lying near that in posses- 
sion of Isaac Jones. 

David Esansey, in possession of a lot about five miles above Fish 
river ; two years settled. 

Nathaniel Bartlette and David Savage, jointly, in possession of 500 
acres, at Fish river, the lands on which the mills are built, and that ad- 
jacent. 

P. S. The Mereumpticook is a creek or small river; empties into the 
river St. John, on the east side, about fifteen miles above the Madawaska 
river. 

GEORGE MOREHOUSE. 



No. 9. 



Copxi of Justice Morehouse's report to the Attorney General^ and of the 
affidavit of McNiel^ the constable^ relating to a riot and rescue, ^c, 
on the river Aroostook. 

Kknt, September 20, 1827. 

SiK : Stephen McNiel, one of the constables of Kent, came before nie 
this day, and made a deposition respecting the treatment he has met with,, 
fro'ii the .\ioostook settlcis, in thf execution of his duty as aconsfable. 
lie had a w rit again.st the proj)ei ly ol ()n(> .Joseph Arnold, an Aroostook set- 
tler, which he served, and was proceeding <iown the river with the prop- 
erty levied on, and was oveitaken by a party of the settlerSj armed with 
firearms, when they look him j)risoner, and rescued the cow, (the prop- 
erty by him taken;) they kept him a prisoner during the night, and 
threatened him, that if Johnstone, their magistiate, (nominated by them- 
selves,) would give a miiliinus, they would carry him a prisoner to 
bomc of the Jails in th(; Slate of Maine. Tiiey despatched a messenger 



[ SeniUo Doc. No. 130. J 8l 

to him, (Johnstone,) atul it seems he would not coni)>ly with their de- 
jnand. They then released McNicl and sent him o(i", dechuing that they 
were American citizens, and they would not allow the laws of Cireat 
Britain to be put in lorce against them or their property ; and that (hey 
would take the life of any sIieriiT or constable that should attempt to 
come amongst them af2;ain. In consequence of this outrageous and hi^^h- 
handed conduct of theirs, I shall desist from sending any constable amongst 
them until I hear from you on the subject. Their names are given in 
McNiel's deposition. The most of them aic British subjects, lemoved 
from diiferent parts of this Province to the Aroostook. Dalton, Stewart, 
and Morton, are known to be American citizens. 

I beg you will i)e pleased to lay this before his excellency the Lieu- 
tenant Governor, for his consideration. 

I have the honor to be, sir, your most obedient servant, 

GEORGE MOKEHOUSE. 

William F. Odell, Esq. 



York, to toil : 

Stephen McNicL one of the constables of the parish of Kent, in the said 
county of York, maketh oath and saith : That on Monday, tiie I7th day 
of this present month of September, 1S27, he proceeded up tbe Aroostook 
river to serve a writ on Joseph Arnold, and also to seize property of tlic 
said Arnold. 'I'hat having taken, by virtue of the said authority, a cow 
from him, proceeded down the river, to William McCrea's, where he put 
up for the night. That between the hours of seven and nine o'clock iu 
the evening, ihiiteen men, ( settlers on the Ai oostook, ) armed with fusees, 
followed, and there overtook deposient, vvhcn they demanded of him io 
restore the cow, and give himself u{) as a piisoner, which he was com- 
jielled to do. That they then sent ofl" two of their party, to collect more 
of the said settlers to their assistance, and also to bring to them one 
Lewis Johnstone, whom they said to deponent that they had nominated 
a magistrate, and that if he would give a mittimus to cany him to jail, in 
the State of Maine, they would carry him there ; but Johnstone refusing 
to do so, they then released deponent, and desired him to go home, ar,d, 
at his peril, never to come there as a constable again, nor any other per- 
son under the authority of the British laws, as they considered them- 
selves American subjects, and were determined to not to submit to the 
laws of England, but would resist them by force. That the party who 
came armed against him are as follows: Joseph Arnold, Willian^ Dalton, 
Seth Stewart, Peter Bull, Joshua Christie, Thomas Beckwith, John 
Beckwith, Ferdinand Armstrong, Thomas Feeby, William Brown, James 

Rau, Morton, and John RalFord. 

STEPHEN McNIEL. 

Sworn before me, at Kent, this 20lh day of September, 1827. 

GEORGE MOREHOUSE, 

Justice of the Peace. 



8 2 [ SL'n::(e ])()C. No. l30. J 

No. 10. 

Ciypics of letters from the Attunuij General to Sherijf' Miller and Justice 

More/iou-sc, relating to the issuing and service of in' oc ess on Baker, 

Bacon, and Studson. 

St. John, September 7, 1S27. 

Sir: His excellency, having had under consideiation your report to 
me oj" the lllh ultimo, and the atlidavits accompanying the same, has 
deemed it expedient to direct that legal ste|)S should he immediately 
taken against Baker and others, lor the high misdemeanor committed hy 
thorn, and that the high sherill should in j)erson execute the jnocess. 

1 send to you, herewith, copies of the athdavits, and a wariant, which 
the Solicitor General and mysell aie oi oj)inion the leport and atiidavits 
will justify you in issuing. 

When the defendants arc arrested, you will jdease lo offer to take hail 
for their appearance at the next supreme couit, to answer to the charge, 
and in the mean time to keej) the peace, and to he of good hehavioui'. 
1 think they should each he hound in i^i(K), wiiii two suieties, each in 
£50. Perhaps your accompanying the sherill" up may save time and 
trouble to both of you. 

It will be advisable Tor you to renew the process wliich the constable 
was prevented from executing, and the sheriil" will see it duly executed ; 
and perhaps you may hnd it expedient to issue other wariants against 
those who oppose the constable, and lor other bleaches of the peace, of 
which you must be the judge. 

i have the honor to he, sir, your obedient servant, 

T. WETMORE, Attorney General. 

George Morehouse, Esq. 

St. John, Septejnber 7, 1827. 

Sir : lla\ ing received the commands of his excellency (he Lieutenant 
Go\ crnor, to carry into elfcct a certain course of proceedings against John 
Baker and other American citizens, for violently opposing and resisting 
his Majesty's authority and the execution of the laws in the upper j^art 
of the parish of Kent, and attempting to seduce his Majesty's subjects 
there to depait from their allegiance to his Majesty, I have written to 
Mr. Justice George Morehouse to issue his warrant for the arrest of the 
otfenders ; which warrant his excellency the Lieutenant Governor now 
deems it expedient should be delivered to you, to be executed in j)erson, 
on Jiccount of the lesislance which it is supposed may be made. 

In the performance of this service it will be advisa!)le lor you, while 
acting with firmness, to he careful lo use no more force than will be ne- 
cessary for the executi'in of the wariant. Two or three attendants will 
be (piite sulhcient to take with you from Fiedericton, as you can ol)lain 
as much assistance as will !)e recjuired in the neighborhood of Madawas- 
ka ; and it is very desiral)le that ihe service siiould be performed (juietly, 
an<l with the least j)ussible paiade. 

'J'he enclosed despatch 1 will thank you to deliver to Justice More- 
house as suon as you can pohsibly make it convenient. 

1 have the honor to be, sir, your most oI)e(lient servant, 

T. WETMOHK, Attorney General. 

EuwAHo \V. Miller, Esq., High Sheriff of York. 



[ Ser.ate Doc. No. I7i. ] 88 



In Senate of the United States, ApniL 14, 1828. 

Resolved^ Tliat the report of tbo joint select committee of the Senate 
and House of Representatives of the State of Maine, in rchition to the 
northeastern boundary of that State, together with the report of the agent 
appointed by the Executive of said State, referred to the Committee on 
Foreign Relations on the 5th of March last, be printed for the use of the 

Senate. 

Attest : W, LOW R IE, Secretary. 



STATE OF MAINE. 

In Senate, January 4, 1828. 
Ordered^ That so much of the communication made by the Governor 
to the Legislature, with the accomj)anying documents, as relates to the 
northeastern boundary of this State, be referred to 
Messrs. Megquier, 

Williams, and 
Hathaway ; 
■with such of the House as may join ; and that the committee be autho- 
rized to cause such of tlie accompanying documents to be published, as in 
their opinion the public good requires. 
Read, and passed. 
Sent down for concurrence. 

ROBERT P. DUNLAP, President. 



House of Representatives, January 5, 1828. 

Read, and concurred ; and 

Messrs. Deane, of Ellsworth, 
Fuller, of Augusta, 
Vance, of Baring, 
Carpenter, of liowland, - 
BuRNHAM, of Unity, 
Were joined. 

JOHN RUGGLES, Speaker. 



Report of the Joint Select Committee of the Senate and House of Repre- 
sentatives of the State of Maine, in relation to the northeastern bound- 
ary of the State. 

The aforesaid joint select committee, of the Senate and House of 
Representatives of the State of Maine have considered the whole sub- 
ject submitted to them by the aforesaid order, to wit : All the Governor's 



84 [ Semite Doc. No. i71.] 

mcssnge which rehitcs lo (he northc:istciii houndary, which is as follows, 
to wit : "In the nmnher ol' our resources is one so conspicuous that it 
Riust early attract your notice. It is that of a wild and fertile territory, 
embracing about six millions of acres. It is not necessary now to 
attempt to show how evidently it is subject to your jurisdiction, nor to 
spealc of its dislin};uished natural advantages, wiiich impart to it the 
capacity of sustaining some hundred thousand yeomen. Valuable, or 
rather invaluable, as it is, we ought without hesitation to surrender it, 
if we cannot with justice support that claim to it which unfortunately now 
stands opposed, under the dilliculty of an ingenuity which has endeavor- 
ed to obscure the line, and an opposition which, I trust, you will dispas- 
sionately authorize to be resisted, under the limitations of a cautious and 
priident yet decided policy. 

" The Government of the State, with the exemplary moderation always 
creditable and necessary, has for years refrained from the exercise of 
many of its rights. It has been induced to do so, as may be inferred, 
from its anxious desire to accommodate to the wishes of the federal ad- 
ministration, and its disposition to avoid collisions, inevitably unfortunate 
in any result. At the same time it cannot abandon its obligations, its 
title deeds, and its rights. It cannot allow the citizens to be incarce- 
rated in foreign jails. The State would shrink most dreadfully under 
the shame of such a submission. For the sake of being fully informed, 
it has for several years solicited the documents possessed by the General 
Government in relation to this subject. It is wnth great confidence that 
I ur"e its consideration now, inasmuch as all that has been requested has 
been supplied agreeably to what was understood to be the wish of the 
last Le'Mslature. That invaluable mass of documents, now in the Secre- 
tary's oiFice, and the copies of communications between myself and others, 
contain nearly all that 1 can offer. The delicate nature of the subject 
induces me to ask a particular examination in reference to publication, 
if that shall be proposed ; yet there is no wish on my part, that what has 
been written by myself shall be disposed of in one w'ay in preference to 
the other. On the most thoughtful revisal, I find no past deviations from 
ra}' existing sentiments, and am bound lo sustain tlie most ligorous re- 
sponsibility. 

" Amidst the views urged has been a primary one of that nature re- 
quiring its being submitted to you foi- correction, if desired. It is in 
relation to the undefined, and peihaps undefinable, line of rights between 
States and United States authority, along which construction is con- 
stantly urging disputed claims, and, in general, has much the advantage 
in iiiuptinob upon the States. 'Ihc P^xecutive of the Union has been 
considered as disposed to submit the question of the boundary of Maine, 
with a perfectly friendly intent, but without regarding her as a party, to 
the umpirage of a foieign authoiily. The submission itself admits the 
possil)ility of an unjust and disastrous decision. While it is not pre- 
sumed to cast a shadow of susj)icion on the integrity with which that 
authority may he exercised, nor upon the motives of any ])erson whom- 
soever, it has, nevertheless, been deemed a suitable precaution to urge 
the following pio|)o.si(i()ris. It cannot be arrogance which asserts them 
as materials of a monument of the lights of out employers, which will be- 



[ Senate Doc. No. l7I.] 85 

como firm by time, uhen properly combined and cemented by your 
reflections. If any feeling has been displayed on my part, it has been 
indulged with a view of eliciting results which it was believed would be 
salutary and aci.'eptable. At the same time, theie has been no intention 
to abandon those prudential considerations entirely consistent with a 
free assertion of what it might be supi)osed the people, through their rep- 
resentatives, would eventually approve and sustain. 

" At the period of forming the treaty of 1783, Massachusetts and the 
othcrcolonies were independent of each other, as to territorial rights. 
The United States, as such, did not exist. 

" Although the colonies constituted common agents to form that treaty, 
the territorial rights secured did not, by virtue of that instrument, accrue 
to the nation, but were merely acknov/ledgcd and confirmed by it to the 
existing individual corporations, according to pre-existing grants, Crown 
lands only being excepted. 

" vS^hen the Union of the Slates was framed, in that happy arrangement 
we are still permitted to witness, and which created a general guardian- 
ship, without extinguishing a particular independence, the compact left 
Massachusetts the proprietor, as one party in severalty, of all her soil. 
She held it fully, with undiminished interest, and has conceded her 
jurisdictional control only by that magnanimous act, usually called the 
Separation, which received validity from the concurrence of Congress. 

" The Union having no right to cede the territory, the treaty-making 
power, as only a constituent part, cannot exercise a function beyond the 
grasp of the delegated power over the whole, nor, indirectly, by an umpire, 
do what it could not accomplish v/ithout ; that is, consent to the alien- 
ation, or the possibility of an alienation of territory, which I will show is 
solemnly acknowledged, through the President, to be ours. 

" It has therefore been believed to be due this State, to advance the 
doctrine that the submission of its boundary to an umpire, unknown to 
herself, and upon terms not confided to her consideration, will leave her 
at liberty to act upon the result, as to the country and herself may be 
dictated by the most just and patriotic inclinations. Yet, if it be true that 
the 5th article of the treaty of Ghent has involved much of federal author- 
ity, beyond the limits which many eminent statesmen have contended 
to be the true ones, as the treaty exists, the delicacy of the case, in re- 
lation to public faith, ought to have some influence upon our assertion of 
our claim, although an entire concession cannot be expected. It ought 
to be distinctly understood, that there is a perfect harmony oi' sentiment 
with the federal administration, in a most essential particular, in regard 
to which the language of Mr. Clay, the Secretary of State, is calculated 
to be highly satisfactory. It is as follows : ' The Government of the 
United States is fully convinced that the right to the territori) is loith us, 
and not with Great Britain. The convictions of Maine are not f)irons;er, 
in respect to the validity of our title, than are those ivhich are entertain- 
ed by the President.^ 

" Whatever may be the character of the proposed umpirage, it seems 
necessary to adopt some rule of procedure as to the duties to be dis- 
charged, before its results shall be known ; and I cannot but hope to 
learn from you, in some way, what measures you will consider to be 
proper, if such acts &s that of the arrest and incarceration of Baker shall 



86 f Senate Doc. No. l71. ] 

be repeated. There will be no wish to ^o beyond your direction, nor 
to liill t^liort of it; and, thus lar, while tlie object has been to give no 
assent to injustice, tiiere has been a steady view to your contemplated 
consultations and probable commands. It was an arrest which the testi- 
mony seems to me to condemn ; yet it cannot but be hoped tiiat tiie 
neiiiliboring Government will place right the hasty acts of unthinking 
agents ; and lliat we, expecting that generous conduct which springs from 
luc character of an Englishman, .should not suddenly and unnecessarily 
engage with him in contentions. While we were acquiescing in the 
abeyance of our rights, as connected only with property, the call for in- 
terposition was not imperative ; but when unauthorized power w'as ap- 
plied to the persons of our citizens along tlie Aroostook, and in other 
places, it seemed proper to ascertain the facts, in order to submit them 
to your consideration, and to that of Massachusetts and the nation ; both 
of whicii will feel an interest, not only in the protection of our fellow- 
citizens in Maine, but in the other relations of the subject. A letter 
was therefore sent to the Lieutenant Governor of New Brunswick, con- 
taining a request that he would cause information of the facts relating to 
the anest of Baker to be returned. VVlu"le, in his reply, he acknowledged, 
in favorable terms, the amicable disposition professed by this Govern- 
ment, so far as, on the occasion, it was represented, he declined to make 
the explanations requested, excepting to those with whom he is directed 
to correspond, or under Avhose orders he is placed. 

" It must be known to you that, in addition to the means above men- 
tioned, Mr. Daveis was a})pointed to obtain the information which all 
have appeared to consider desirable. From what has transpired, there is 
no doubt in my mind of the intention of the Government of New Bruns- 
wick to extend its juiisdiction, and to confum it, if possible, over the 
whole disputed territory. 

^' I cannot but profess to you the disposition, on my own part, subject 
to your direction, to offer some diiriculties against such a course ; but it is 
not to be doubted that the United States Government, and that of Great 
Britain, will ])erceive, on being furnished the facts, that the Government 
of New Biiinswick has advanced beyond the line of tenable ground, and 
seems not to have listened to those recotpmcndations of mutual I'orbear- 
ance which have been jung so loud that' we did not notice its invasions. 

" Another of the objects of the mission of Mr. Daveis was to obtain 
the release of Mr. Baker, whose arrest was thought to be not only cog- 
nizable by the United States, but by the particular State of which he is 
a citizen. His connncmcnt in the jail at Fredericton was an act of 
|)ower which, considering the natme of the facts, as far as developed, 
1 (.(juired early attention ; and the course pursued was accor<iingly adopt- 
er!, not, how(!ver, without a careful examination of principles and prece- 
dents. If you shall think the measure as involving any excess in the 
exertion of State power, it would seem to be desirable not to allov. it to 
))ass without the expression of your dissent, which would be received, 
on my part, with the utmost respect and deference. 

" 'Ihe tiiinisf(M- plenipotentiary of his Britannic IMajesty has commu- 
nicated to Mr. Clay what are called by the iVirmcr ' suihcient proofs of 
the decided resolution of his Majesty's Lieutenant Governor of New 
B^un^wick to maintain the disputed teriitory in the same state in which 



[ SciialL' Doc. No. I7l. J 87 

his excellency received it after the conclusion of the treaty of Ghent. 
It certainly would not be desirable to put his Majesty's Lieutenant Gov- 
ernor's decided resolution to the test on this point ; but it may be im- 
peratively required to determine how far the treaty of Ghent and pre- 
vious actual jurisdiction may sanction his authoritative approaches beyond 
the tcruisof that treaty, without a reasonable expostulation, not, however, 
to be iullowed l)y any unnecessary resort to forcil)lo resistance. 

" It is not to be anticipated that the deplorable event of a war with 
Great Britain may not occur again. If that melancholy result of human 
frailty shall be produced, the situation of Maine will require great leso- 
lution and activity. The concentration of the British forces, with the 
view of dividing the Union, by an occupation of New York, will not be 
attempted again ; but the seaboard and liie interior frontier of Maine will 
be, the one, a line of maritime invasion, and the other, of excursions and 
incursions, according to the emergencies relating to our defence. The 
effort will be probably to cut otY this State ; or at least for this we ought 
to be prepared, so as not to admit any repetition here of such scenes 
as occurred during the last war. It would appear to be proper to solicit 
of the General Government the erection of some strong fortresses on our 
interior frontier. Its own dis[)osition, and tlie obvious utility of works so 
situated, in anticipation of others where the country is better guarded, 
would, it may be hoped, assure to a representation of this nature a favor- 
able reception." 

The committee aforesaid ask leave to observe, they are unable to per- 
ceive that there is anything uncertain in our claim, arising out of any 
obscurity in the treaty of 1 783, or any of the documentary evidence, or 
arguments and discussions whicii led to the description of the l)0undary 
therein contained ; nor are they informed that the Government of Great 
Britain, or any of their negotiators, ever claimed the northern patt of 
this State as a right, but requested it as a cession ; it is therefore con- 
cluded that their strong and persevering endeavors to excite doubts, and 
embarrass the subject, are elicited by the zeal of their essayists, and 
their subordinate agents or negotiators, who, while they recommend 
themselves to the mother Government as zealous, loyal subjects, and 
faithful agents, are disposed at the same time to gratify other feelings, 
arising from other causes. 

This subject has, on several occasions, occupied the attention of the 
Government of this State, and has been the subject of reports and re- 
solves ; and all may have been done which the state of knowledge on 
that subject rendered proper, or the occasion required. The subject is 
now, fiom a variety of considerations, assuming a more interesting char- 
acter. Such is the state of public inquiry, that it may be expected of 
this Legislature that they will fairly and candidly spread the evidence of 
title, and the subject of controversy, before the people, to the end that 
they may see, examine, and reason, for themselves, and form their own 
conclusions. This, however, would be deemed unnecessary, were it not 
the fact, that what is said, and much of the documentary evidence touching 
the boundaries of the Provinces, prior to the treaty of 1783, is in the hands 
and within the reach of very few. 

With a view, therefore, of spreading the evidence of our title fairly 



8S I Konato J)oo. No. I7i. J 

before the people of (liis State, and, hy tiie same means, before the peo- 
|)le of the United States and the wurld, it is proposed to pursue, general- 
ly, the chronoloiiical order of events ; noticing, particularly, such as have 
any liircet relation to the subject, and, incidentally, such as tend chiefly to 
show the connexion between them. 

'i'he discovery of America produced an exf^itement and a spirit of 
niuritime enterprise among the nations of Europe. Cabot sailed in 1497, 
under the orders of Henry Vil. of England, and discovered Newfound- 
land and jN'orth America, and coasted trom Labrador to Florida. The 
spirit of discovery, thus earlv excited in England, subsided, and was not 
revived lor many years, 'i he French prosecuted voyages of discovery 
to North America, and, as early as 1535, attempted a settlement on the 
St. Lawrence. From this period, the voyages of the Europeans to the 
northern parts of Nortli America were principally confined to the fish- 
eries, and to the piosecution of a trade in furs with tlie natives ; and it 
was not until 1004 that any settlement was commenced which became 
permanent. 

In 1G03, Henry IV. of France granted to De Monts all the country in 
North America between the 40lh and 46th degrees of north latitude, by 
the name of Acadie. De Monts, to secure to himself the benefits of his 
grant, with Champlain and other adventurers, fitted out vessels, and sailed 
lor America. They lirst touched on the eastern coast of the grant, then 
sailed round Cape Sable to the bay of Fundy, touched at Port Royal, 
now Annapolis, at the St. John's, which river they sailed up some dis- 
tance, and. thence followed the coast to the mouth of a river, which they 
alterwards called St. Croix, where, upon a small island, they erected 
bouses and defences, and established themselves for the winter, in 
the spring, they, for some cause, determined on quitting the island, 
and took what they could of the materials of the buildings, and moved, 
and established themselves at Port Royal, where they lived, and prose- 
cuted the business of their settlement, for several years. 

In 1 GUT, the British commenced a settlement in Virginia, which became 
permanent. As early as 1G13, for the purpose of getting rid of their 
neighhijis, who miiiht at som(> future period annoy them, as well as for 
asset ling their claiju to (he whole country, and appropriating it to them- 
selves or the British Government, they fitted out a small expedition, 
under Sir Samuel Argall, to dislodge the French in Acadie. Sir Samuel 
dislodged the French at Mount Desert, destroyed all which De Monts 
had left on the island where he first wintered, and captured the French 
at I^irt Royal. Some of the French went to Canada, and some united 
with the natives. The oxj)editioH was atteniled with no important lesult, 
furlhc r than it prohably suggobled to Sir William Alexandev the idea of 
(•blaining a grant of the; country ; and, therefore, after companies had in 
Ermlaiid obtained grants of various parts of North America, to which 
they gave their favorite names, such as Virginia and New England, he 
obtained a grant, which, from its relative situation to New England, or to 
perpetuate the name of his native country, he called Nova Scotia.* 

'i'he grant was made in IU21, by .lames 1., and contained " all the 
lands of the continent, from Cape Sable, thence along the coast of St. 

* See .Appendix. 



[ SeniUc; Dor. No. 171. ] 89 

Mary's bny ; thence across the bay of Fuiidy to the i ivoi' St. Croix, to 
its remotest spring liead ; tlicnce, by an imaginary line northward to the 
river St. Lawrence ; thence, by ihe shores of tiie river, to tlie haven* or 
shore commonly called Gaspe, and thence southward, &c. Sir William 
seems to have engaged with some zeal, and incurred great expense in 
fitting out two vessels to take possession of and settle his grant ; but all 
his eliorts produced little or no eftect, and he abandoned it, and, in 1G30, 
sold a part or all of" his grant to La Tour, a subject of France. In the 
year 1628 or 1G29, Canada and Acadie were both captured by the 
British, and were restored, in 1632, by the treaty of St. Gcrmains. In 
1652, the British fitted out an expedition, and took possession of Penob- 
scot, St. John's, Port Royal, and several other places. In 1655, a treaty 
of commerce was entered into between the French and British, and the 
question of title to Acadie was referred to commissioners. 

In 1GG3,| Charles II. granted to his brother, the Duke of York, the 
country called the Duke of York's Territoiy, next adjoining New Scot- 
land, and extending from the river St. Croix to Pemaquid, and up to the 
river thereof to the furthest head of the same, as it tendeth northward ; 
and extending thence to the river Kvmbequin^ and upwards, by the short- 
est couise, to the river of Canada northward. 

In 1667, by the treaty of Bieda, Acadie was again restored to France. 
In 1689, another war broke out, and the following year Sir William 
Phipps conquered Port Royal and other French ports in Acadie. 

October 7, 169I,| by the charter of William and Mary, the re^il Prov- 
ince of Massachusetts Bay was erected, consisting of the former Prov- 
inces of Massachusetts Bay, New Plymouth, Nova Scotia, District ol 
Maine, and all the territory between Nova Scotia and the District of 
Maine and the river Sagadahock, and eveiy part thereof, and the St. 
Lawience, or great river of Canada. It will at once be perceived that 
the Piovince of Massachusetts Bay was, in the northern part, bounded 
west by a line drawn north from the westernmost head of the waters of 
the Sagadahock, to the river St. Lawrence, north by the river St. Law- 
rence, east and south by the Atlantic ocean. 7'he charter contained a 
limitation in the exercise of the granting power, as to all ti)e tract of 
country lying beyond tiie Sagadahock, but it contained no other limitations 
to its exercise of sovereign power, which were not contained in all other 
charters granting powers of or establishing governments. Massachusetts 
exercised some acts of jurisdiction over Nova Scotia, appointed some civil 
and other otiicers ; but it being so distant, and she having so many other 
posts, and such extent of other frontier to defend, and the expense being 
so great, which she must incur for her protection against the assaults of 
the French and natives, that she was not solicitous to retain it, and in the 
course of a fe^v years gave it up, and the Biitish Government made it a 
separate Province. 

In 1697, by the treaty of Ryswick, Acadie was again lestored to the 
French. In 1702, war was again declared between France andGreat Brit- 
ain, and Acadie, in the course of the war, was again captured by the Brit- 
ish, and was, in 1713, by the treaty of Utrecht, ceded by the French to the 
British, by the descriptioii of Nova Scotia, otherwise called Acadie, 
according to its ancient limits, with some reservations of islands, such as 

♦ See Appendix. f Appendix 2 t Appendix 3. 



90 [Senate Doc. No. 171. J 

Cnpe Breton, and the islands in the St. Lawrence, which were not ceded. 
For many years Nova Scotia or Acadie, thus ceded, seems not to have 
en2;a<;ed much of (lie attention of the liritiish Government. They did, in 
1719, apj)oint Richard Phillips (jovernor,* who, for want of subjects, 
luul to select his council from his garrison. Tlie French inhabitants lived 
in a state of independence, without acknowledging the right or authoiity 
of the British colonial Government; and the object of the British seems 
to have been to keep possession of the country, to the end that they 
might hold it, and extinguish the claim ot France. By the treaty of Aix 
la Chapelle, in 1745, commissioners were provided to be appointed, to 
settle the boundaries of Nova Scotia or Acadie, as ceded by the treaty 
of Utrecht ; about the limits of which the British and French could not 
agree. Colonef Cornwallis was made Governor of Nova Scotia or 
Acadief in 1749, and cacne with soldiers of the late army and others, 
between three and four thousand, and settled and built the town of 
Halifax. 

Commissioners provided to be appointed by the treaty of Aix la 
Chapelle were appointed in 1750, and began and continued their dis- 
cussions for some years, the British contending for and endeavoring to 
maintain one construction of the treaty of Utrecht, and the French 
another construction. The discussions were broken off by the war of 
1756. The treaty of I^iris of Februaiy 10, 1763, which terminated the 
war of 175G, ceded both Canada and Nova Scotia to the British, in full 
sovereignty. At this time the power of the French became extinct, and 
they never made any subse(iuent effort to regain it. Until this period, 
although, with the British, Nova Scotia had been the subject of grants, 
of conquests, and cessions, they always recognised the St. Lawrence as 
its northern boundary, never extending their claim beyond, or stopping 
short of it. When Canada became a territory of Great Britain, it be- 
came necessary for her to establish a government for it; and the King, 
tor that purpose, by his proclamation of the 7th of October, HGo, among 
other governments, established the Government of Quebec,^ bounded 
as follows : " On the Labrador coast by the river St. John's, and from 
thence, I)y a line drawn from the head of that river, through the Lake 
St. John's, to the south end of Lake Niiiissim, from whence the said 
line, crossing the river St. Lawience and the Lake (>hamplain in 15 de- 
grees of north latitude, j)asscs aloui^ the highlands lohich divide the 
rircrs that cinptf) themselves into the said river St. Lawrence from those 
which /all into the sea^ and also along the north coast of the bay des 
Chaleurs, and the coast of the gulf of St. Lawrence, to Cape Ko- 
siers ; and from thence, crossing the mouth of (he river St. Lawrence, by 
the west end of the island Anticosli, terminates at the aforesaid river 
St. John's." 

From this (lesoription, it is cvcidcnt that it v. as the intention of tiie 
Oown, in establishing ibc Province of (Quebec, to embrace within its 
territory, after passing Lake Champlain, the sources of all the streams 
which flowed into the St. Lawrence, and for that purpose the most tit 
and appropriate words are adopted. It cannot be supposed that it was 

• Appcnd'x 4. I Appt r.dix 5. t .\ppernlix 6. 



[ Senate Doe. No. 171. J 91 

intended, by this description, that the line, as it run eastward from Lake 
Champhiin, was to pursue a range of mountains, or to run from peak to 
peak of the Iiighcst mountains between the river St. Lawrence on the 
one hand, and the AthuUic ocean on the other. The line was the high- 
lands. What liighlands .•' The Inghlands wliich divide the waters; 
any land, therefore, of any elevation, whether plains or mountains, hills 
or dales, which are at the sources of the respective rivers (lowing into 
the St. Lawrence and the sea, are the highlands by the proclamation 
intended, and the most apt words are used to describe them. This line 
leaves all the waters of the Connecticut, Androscoggin, Kennebec, Pe- 
nobscot, St. John's, and Ristigouche, falling into the sea on one hand, 
and the streams flowing into the Lake Memphreniagog, and through it 
into the river St. Lawrence, the Chaudierre, the Quelle, Green, Metis, 
and many other rivers falling into the river St. Lawrence, on the other. 
The line, it will be observed, pursues the northern coast of the bay of 
Chaleurs, and not the middle of the bay ; there cannot be any pretence, 
therefore, that the river Ristigouche was, within the meaning of this 
proclamation, a river flowing into the St. Lawrence ; but, on the contrary, 
it is clearly a river falling into the Atlantic ocean. 

Prior to this proclamation, the Provinces of Massachusetts Bay and 
Nova Scotia were bounded north by the river St. Lawrence ; the proc- 
lamation varied the boundary, by transferring it from the shores of the river 
St. Lawrence to the sources of the rivers which emptied themselves into 
it ; and the aforesaid Provinces were then bounded north by the same line, 
to wit: the range of land, be what it might, high or low, in which the 
rivers respectively had their sources, leaving the rivers St. John's and Ris- 
tigouche partly in the Province of Massachusetts Bay, and partly in the 
Province of Nova Scotia, the sources being in the former, and the mouths 
in the latter Province. This line has not since been altered, except be- 
tween Lake Champlain and Connecticut river, where, instead of pursuing 
the highlands, it was fixed to the parallel of forty-five degrees north lat- 
itude. 

The line thus established by proclamation* has often since, by the 
acts of the Crown and Parliament of Great Britain, been recognised. Oc- 
tober, 17G3, in the commission of Montague Wilmot, revoking the com- 
mission to a former Governor, and constituting him to be Captain General 
and Commander-in-chief of the Province of Nova Scotia, is the following 
description of boundaiy : "Bounded on the westward by a line drawn 
from Cape Sable across the entrance of the bay of Fundy, to the mouth 
of the river St. Croix, by the said river to its source, and by a line drawn 
north from thence to the southern boundary of our colony of Quebec ; to 
the northward, by the said boundary, as Jar as the ivestern extremity of 
the bay des Chaleurs,'''' &c. 

In the commission to William Campbell,] in 1767, there is the same 
description of boundaries of the Province of Nova Scotia, and the same are 
again repeated in the commission to Francis Legge, in 1771. The proc- 
lamation of 17G3 was faither recognised and confirmed by the act of Par- 
liament of the 14th of George 111., by which it is enacted, "that all the 
territories, islands, and countries, in North America, belonging to the 

* Appendix 8. t Appendix 9. 



92 [ Senate Doc. No. 171. ] 



Crown of Great Britain, bounded on ti)e south by a lino from tlic bay of' 
Chaleurs, along the highlands which divide the rivers that empty them- 
selves into the St. Lawrence, horn those which fall into the sea, to a point 
in forty-live degrees of northern latitude, on the eastern bank of Connecti- 
cut rivei."* Tiie limits of the several Provinces were the same at the 
time of concluding the treaty of 1783. 

The question may well be asked, where was the northwest angle 
of Nova Scotia, and the northeast ayjgle of the Province of Massachusetts 
Bay, before the treaty ? Had Nova Scotia two northwest angles ? It has 
already been shown, by the charter to Sir William Alexander, that the 
northwest angle of his grant was on the shore of the river St. Lawrence ; 
and although, by the charter of William and Mary, in 1691, it became a 
pait of the Piovince of Massachusetts Bay, when it was afterwards sepa- 
rated from it, its boundaries were the same as before, and its northwest 
angle still on the shores of the St, Lawrence. Here the angle remained 
fixed and stationary until 1763, when the boundaries were transferred 
from the shore to tlie land from which the streams falling into the river 
St. Lawrence flowed and had their source. Nova Scotia had trierefore 
but one noithwest angle. Here the line became fixed and permanent, 
and on this line, and to the northward of the heads of all the streams 
which did not flow into the river St. Lawrence, w as " the northwest angle 
of Nova Scotia." 

\Vhen the boundaries between the Provinces of Quebec and Massa- 
chusetts Bay weie thus clearly defined, and limited to that range of land 
in which the streams falling into the St. Lawrence at the northward, 
and the St. John's at the southward, and continued easterly to the head of 
the bay of Chaleurs, and southwestwardly to the head of Connecticut 
river ; and when the boundary between the Provinces of Nova Scotia 
and Massachusetts Bay were thus clearly defined and limited to the river 
St. Croix, and a line drawn north from it to the aforesaid range of land, 
the boundary of the Government of Quebec ; the repeated acts of arbitrary 
power exercised by Great Britain towards the Provinces comprising the 
thirteen United States caused them to assert their rights; they main- 
tained them successfully, and, to terminate the unprofitable struggle, Great 
Britain ackowledgcd their existence as an independent nation. When 
their existence as an independent nation was thus secured, it became ne- 
cessary for the two nations, to pievcnt new and unprofitable contests, to 
fix and establish boundaries between themselves. This was first done 
in the piovisional articles of })eace, concluded at Paris November 30, 
1782, and by the j)rovisions of that instrument, were incorporated into 
and became a part of the definitive treaty of peace concluded at Paris 
September 3, 1783. 

'i'he ackiKJwk'dgmc nt of independence, and the boundaries establisii- 
ed, are described as follows, to wit: 

'•Article 1st. His Britannic Majesty acknowledges the said United 
States, to wit : New Hampshire, Massachusett.'^, Khode Island and Provi- 
dence Plantations, Connecticut, New York, New Jersey, Pennsylvania, 
Delaware, Maryland, Virginia, North Carolina, South Carolina, and Geor- 
gia, to be free, sovereign, and independent States ; and that he treats with 

• Appcrnlix 10. 



' [ Senate Doc. Xo. 171. ] <J3 

hem as such ; and for himself, his heirs, and successors, relintjuishes all 
claims to (he government, propriety, and territorial rights of the same and 
2very part theieof. And that all disputeswhicii might arise in future on the 
jut)jec;t of the houndaries of the said Uuited States may he prevented, it 
s iiercby agreed and declared that the following are and shall he their 
aoundaiies, to wit : 

' Article 2. From the northwest angle of Nova Scotia, to wit : that 
aitgle which is formed hy a line drawn due north from the source of the 
St, Croix river to the highlands, along the said highlands ivhich divide 
those rivers that cmptij tlieniselves into the St. Lawrence from those ichih 
fall into the Atlantic ocean, to the northwesternmost head oj the Con- 
necticut river, tiience down along the middle of that river to the forty- 
(ifth degree of north latitude ; from thence, by a line due west on said 
latitude until it strikes the river Iroquois or Cataraguy ; thence along the 
middle of said river into Lake Ontario, through the middle of said lake, 
until it strikes the communication by water between that lake and Lake 
Erie ; thence along the middle of said communication into Lake Erie, 
through the middle of said lake, until it airives at (he water communi- 
cation between that lake and Huron ; thence along the middle of said 
water communication between that lake and Lake Superior; thence 
through Lake Superior, northward of the isles Royal and Philipeaux, to 
the Long Lake ; thence through the middle of said Long Lake, and the 
communication between it and the Lake of the Woods, to (he said Lake 
of (he Woods; (hence through said lake to the most northwestern jioint 
thereof; and from thence on a due west course to the river Mississ'ppi ; 
thence by a line to be drawn along the middle of the said river Missis- 
sippi, until it shall intersect the northernmost part of the thirty-first de- 
gree of north latitude. South, by a line to be drawn due east from the 
termination of the line last mentioned, in the latitude of thirty-one degrees 
north of the equator, to the middle of the river Appalachicola or C;ita- 
houche ; thence along the middle thereof to its junction witli the Flint 
river ; thence straight to the head of St Mary's river ; thence di)wn alpng 
the middle of St. Mary's river to the Atlantic ocean. East, by a line. 
to he drawn along the middle of the river St. Croix, from its mouth into 
the bay of Fandy to its source ; and from its source, directly north, to the 
aforesaid hi gh lands which divide the rivers that fall into the Atlantic ocean 
from those ivhich fall into the river St. Lawrence, com{)rehending all is- 
lands within twenty leagues of ;my part of the shores of the United States, 
and lying between the lines to be drawn due east from the points where 
the aforesaid boundaries between Nova Scotia on the one part, a;ul East 
Florida on the othei", shall respectfrdly touch the bay of Funciy, and the 
Atlantic ocean, excepting such islands as now are, or heretofore have been, 
within the limits of the said Province of Nova Scotia." 

The first ar-ticle describes, by name, the several States composing the 
United States, and, had the treaty stopped here, without desciii)ing their 
boundaries more minutely, there could have been no doubt but that all 
the territory embraced within the charter limits, or- within (he jurisdic- 
tion of Massachusetts Bay, passed by that description. Here, from the 
use of the term Massachusetts, was an evident intention to conform to the 
lines as they existed before the treaty, which have been already shown 



94 



[Senate Doc. No. 171. J l! 



from the documents hereinbefore cited, which are of that clear and ex- 
plicit character which relieves the subject from all uncertainty and doubt. 

But when the subject is still farther pursued, and the boundaries are 
more minutely described, what was clear befoic is still made more clear 
and explicit. To be more particular, the northwest angle of Nova Sco- 
tia, alter it is ascertained by the rule given in the treaty, is the point from 
which the northern line starts. " From the northwest angle of Nova Sco- 
tia, to wit : that angle which is formed by a line drawn due north fronn 
the source of the river St. Croix to the highlands." Heie we may ask,, 
what angle was intended ? Was it an angle to be formed on the side line 
of the Pi evince, ore hundred or more miles from the real and true north-- 
west angle of Nova Scotia ? Or was the real and true angle of the I'rov- 
ince, at the point where its western line intersected (he line of the Prov- 
ince of Quebec ? The true construction is too obvious to admit a doubt. 
It is perfectly clear, from the plain and most natural and obvious con- 
struction of the language used, that by the norlhwcst angle of Nova Sco- 
tia was truly intended the northwestern extremity of that Province. 

The de>ci iption then proceeds : " along the said highlands which divide 
those rivers that empty into the river of St. Lawrence Irom those which fall 
into the Atlantic ocean." The idea that the words of the treaty require 
a range of mountains to form the line is totally false and absurd. If the ; 

commissioners intended to describe a line nursuin'r the highest rantre of 

loo r^ 

mountains between the Atlantic on the one hand, and the river St. Law- 
rence on the other, they would have used the teims fittest for such de- 
scription, and not have used the words wiiich plainly and distinctly were 
intended to embrace any height of land, from the lowest to any other el- 
evation, provided it did divide the waters falling into the river St. Law- 
rence Irom those falling into the Atlantic ocean. If mountains were 
found there, they were intended ; if there were no mountains or bills, and 
the lands only ascended gently iiom the river St. Lawrence, and again 
descended towards the main stieams falling into the Atlantic, constitu- 
ting in lact a long and extended plain, from the highest pai ts of which the 
streams run northwardly and westwardly into the river St. Lawrence, 
and southerly and easterly into the Atlantic, such a plain is the highland 
truly intended by the treaty, and the line is on that part of the j)lain from 
which the waters How in different directions, if the lands are only high 
enough for the water simj)ly to pass off in different directions, as com- 
pletely and exactly corresponds with the description in the treaty, and 
are the highlands truly and eminently intended by it. 

The tieaty describes but two classes of rivers, as having any connex- 
ion with this part of the boundaries of the United States, to wit : such 
as flow into the river St. Lawience, and those which fall into the Atlan- 
tic. Although the river St. Lawrence itself falls into the Atlantic ocean, 
it is alludeil (o in a peculiar manner, to distinguish it fiom all other riv- 
ers, and to place it and its tributary streams in opposition to them, 
whether they flowed into Long Island sound, Kennebec bay, Penobscot 
bay, the great Massachusetts bay, the bay of Fundy, or the bay of Chal- 
curs, or into any other part of the Atlantic ocean. The language of the 
treaty being thus clear and exj)licit, it leaves no doubt on the mind that 
by (he highlands of the treaty which divide the waters was intended that 
range of lands, whether high or low, in which the tributaries of the St. 



[ Senate Doc. No. l71. | 9 5 

Lawrence have their sources, and from which they flow. To search, 
therefore, for mountain ranges, or for tlie greatest height of hud be- 
tween (he river St. Lawrence and the Atlantic ocean, to fulfil the terms 
of the treaty, is absurd and preposterous. In the latter part of tlie arti- 
cle quoted, in describing the east boundary, the descriptive language of 
the lirst }>art of the article is nearly repeated : " East by a line to be 
drawn along the middle of the river St. Croix, from its mouth in the bay 
of Fundy to its source, and from its source directly north to the afore- 
said highlands which divide the rivers which fall into the Atlantic ocean 
from those which fall into the river St. Lawrence." 

Although, from the French having erected their crosses at (he mouths 
of various rivers, and having at various times given them names from 
that circumstance, and the part of the country between the livers St. 
John's and Penobscot not having been early settled, and seldom visited 
except for the purpose of traffic with the natives, doubts reasonably 
might arise as to the true river St. Croix ; still, when (hose doubts were 
removed, and the river clearly ascertained, a certain point was fixed, 
iVom which the due north line was to start, and nothing remained but to 
employ artists (o survey the line and erect its monuments. This seems 
to have been a point conceded in the treaty of amity, commerce, and 
navigation, concluded at London, November 19, 1794, and in all the dis- 
cussions under the 5th article thereof. 

Upon the clear and explicit language of the treaty itself, before any 
intelligent and impartial tribunal, the question of boundary and jurisdic- 
tion might be safely placed, with a perfect confidence in the issue. But 
the treaty, though definite in its descriptions, and requiring no foreign 
aid in its interpretation, only adopted the boundaries of Provinces which 
had been defined, established, and recognised by the Crown and Gov- 
ertment of Great Britain, in their different acts, from 1621 to 1775; 
which will appear by a recurrence to the descriptive language contained 
in the patents, charters, proclamations, and acts of Parliament, before 
quoted, and nearly in the same ian9;uage. There can, therefore, be no 
doubt that the ministers of both Governments intended to adopt, and 
did adopt in the treaty of peace, as the boundary of the United States, 
the boundaries between the Provinces of Quebec and Nova Scotia, on 
the one part, and Massachusetts on the other part, which had been es- 
tablished by, and had long been familiar to, the Government of Great 
Britain, 'i'his construction, if any further support were necessary, is 
amply and fully supported by the discussions which led to and the 
manner in which the boundaries were concluded by the ministers who 
negotiated the provisional treaty of peace. The negotiation was carried 
on in form with Mr. Oswald, who advised with Mr. Fitzherbert, the 
minister to the court of Versailles, but in fact with the British cabinet. 
Mr. Oswald did little or nothing more, not having authority, than to 
make such propositions as the British cabinet, from time to tiine, accord- 
ing to circumstances, commanded, and received such as our ministers 
made, until near the close of the discussion, when he was clothed with 
full powersr. 

A provision in favor of the loyalists was long and ardently urged by 
the British, and as ardently resisted by our ministers ; the right to the 
fisheries was urged and insisted on by our ministers, and made a sine 



96 f Senate i)oc. No. l7 I. | 

qua non by a part, and resisted by the Biitish, but finally adopted ; both 
of whLch topics occupied much time. 'I'he fixinj^ and defining the bound- 
aries of the United States also occupied much time, and no part or por- 
tion of it was so diligently examim.d ant! dibicussed as the eastern and 
northern bviundaiies ol the present State of Maine. The liritish, in the 
tirst pi icf, insisted upon Piscatatpia ii\er as the eastern limit of the Uni- 
ted States, then retreated to the Kennebec, and as a last resort would 
consent to go as far as the Penobscot. During this, as during the other 
parts of the discussion, messengers were continually crossing and re- 
ofossing the channel ; among the messengers and aids to the Biitish, the 
ancient clerk of the board of trade and plantations appeared with volumes 
of records from that department, from wliich he read whatever there was 
which tended to show ihc District of Maine, or any part of it, was not 
before that time v.ithin tiie jurisdiction of Massachusetts Bay. The 
American ministers, in their turn, produced sundry acts of the colonial 
Goveinment of Massachusetts Bay, showing the jurisdiction which had 
been exercised by her, the report of the attorney and solicitor generals, 
who had, upon the matter being referred to them, decided upon the sun- 
dry petitions, applications, and claims, made for all the country betv\een 
the Sagadahoc, (^Kennebec,) and St. Croix; and their decision, after 
examining all the evidence, was against them, and in favor of the juris- 
diction of Massachusetts Bay. Also, Governor Hutchinson's report, 
wherein the right of Massachusetts Bay is discussed, and a volume of the 
doings of the commissioners at Paris. 

VVlien the Biitish insisted upon limiting the United States to the Pis- 
cataqua, the Kennebec, or the Penobscot, the ministers of the United 
States, or some of them, insisted upon going to the St. John's, but finally 
agreed to adhere to the charter of i\iassachusetts Bay. That they did do 
that, most manifestly appears from a comparison of the treaty with the 
patents, charters, proclamations, and acts of Parliament, hereinbefore 
quoted. 

That it was the intention of the commissioners to adopt the boundaries 
between the Provinces ol Quebec and Nova Scotia, on the one part, and 
Massachusetts Bay on the other part, was expiessly conceded and admit- 
ted on the part of the British, in the discussions under the 5th article of the 
treaty of 1794. It even, if possible, was more than admitted ; it is one, 
if not the chief, basis ol the whole argument, and was enforced with great 
ability. 

The British agent, in his memorial of claim, says : " By the said 2d 
article, hereinbefore cited, of the treaty of peace, it appears to be clearly 
intended that no part of the Province of Nova Scotia should be thereby 
ceded by his said Majesty to the said United States. But that the same 
Province of Nova Scotui, according to its ancient and former limits, 
should be and lemain a part of tlu; territory of his said Majesty, as his 
said Majesty then and before that time had held raid possessed the same." 
Again, in his argument, he says : " 'i'o facilitate the investigation of the 
present question, there appears to be ore leading principle that appears 
to be explicitly established by the very terms of the treaty of peace, and 
which might indeed be fairly considered as an axiom in the present dis- 
cussion, to wit : That it iras clcaili/ intended, hij the second article of 
ike treaty y that no part of the J*rovince oj Nova Scotia should be thereby 



[ Senate Doc. ^'u. 171. | 97 

ceded by his Majesty to the United States. The words made use of in 
that article will not admit of a diflerent construction, the United States 
being expressly bounded east by the eastern boundaries of the Province 
of Nova Scotia. The description of the treaty in this part of the bounda- 
ries of the United States is as follows : " From the northwest angle of 
Nova Scotia, to wit : that angle which is formed by a line drawn due 
north from the source of the St. Croix to the highlands which divide 
those rivers that empty themselves into the St. Lawrence from those 
which fall into the Atlantic ocean." Now, if the northwest angle of 
Nova Scotia, agreeable to these clear and express words of the treaty, 
is formed by such a north line from the source of the St. Croix to the 
highlands, that north line and those highlands must be the western and 
northern boundary of Nova Scotia. 

And the British agent, in pursuing his argument further, says that, by 
the treaty of 1763, " all the French possessions upon the continent of 
North America were ceded to Great Britain ; the Province of Quebec 
was created and established by the royal proclamation of the 7th of Octo- 
ber of that year, bounded on the south by the highlands which divide the 
rivers that empty themselves into the river St. Lawrence from those 
which fall into the sea or Atlantic ocean^ thereby altering the northern 
boundary of the Province of Nova Scotia from the southern shores of the 
river St. Lawrence to those highlands ; theie being no longer any ap- 
prehension of disturbances from the French, it now became necessary, 
for the settlement of the country that had been in dispute between the 
two nations, to ascertain the boundary line between the Provinces of 
Nova Scotia and Massachusetts Bay." 

Having quoted in the preceding pages the main documents on which 
our title rests, theie will not, in the sequel, be a necessity for anything 
more than general allusions. By a recurrence to the history of that time, 
it will be seen that the treaties were opposed in the British Parliament, 
but they were opposed by those who had lately been in power, and op- 
position to the ministry seems to have constituted the leading objection; 
so far as the treaty with the United States came in question, the objections 
raised were, on account of there being no provision in favor of the loyal- 
ists, and the right to the fisheries being secured to the United States ; but 
there was no objection to it on account of the boundaries therein pre- 
scribed to the eastern part of the United States. If the boundaries had 
not been such as were well known, and familiar from their own records, 
the variance would have produced scrutiny ; and if any objection could 
have been raised against it on that account, it would have been brought 
forward to increase and enforce their other objections. 

When the river St. Croix had been consecrated by De Monts in 1604, 
and by its being the first resting place of Europeans, who became per- 
manent settlers in the northern parts of North America ; and when, from 
that circumstance, and from the expedition of Sir Samuel Argall, its name 
found its way across the Atlantic, yet from the imperfect geographical 
knowledge at that time, the position of it could not have been known to 
the Europeans, and when, in the prosecution of the settlement of the coun- 
try, other places became more alluring, and the river St. Croix and the 
country on its borders did not become the site of any settlement or military 
post, and the natives were there left to pursue their fisheries and ^the 
7 



98 f Senate Doc. No. 171. j 

chase Avilhout molestation, and when, abo, many other rivers on the 
coast were ai'lcrwaids designated by the same name, and when all the 
maps prior to the American Revolution were injperfect, it is not wonder- 
ful that doubts, and serious doubts, aiose as to which river was intended 
as the boundary between the Province of Massachusetts Bay and the 
Province of Nova Scotia. Hence, as the river St. Croix was a part of 
the boundary between the Pro^ inccs, \^hen the settlements on the coast 
began to approach each other, it became necessary to ascertain the river 
duly intended, to prevent collision and the conflict of jurisdiction. 

Before the American Revolution, and as early as the year 1764, it had 
become the object of the serious research and investigation of the re- 
spective Provinces. From the researches of the agents of die Province 
of Massachusetts Bay, made on tlie spot, from the concurrent information 
of all the natives, and from all the maps in their possession, they were 
convinced that the river Magaguadavic was the river St. Croix : such 
was the tradition, and such was the conclusion. 

It generally was considered and believed in the Province of Massachu- 
setts Bay, that it was bounded east by the river Magaguadavic and by a 
line drawn due north from its source to the highlands which divide the 
riveis that cm])ty themselves into the St. Lawrence from those which 
fall into the sea ; or, in other words, by a line drawn due norlh from the 
source of the said Magaguadavic river to the southern line of the Province 
of Quebec, which had, by proclamation, been cieated the preceding year. 
The Province of Nova Scotia, on the other hand, believed that the 
Province extended westward to the river Schoodic, and was bounded 
west by the east line of the I^rovince of Massachusetts Bay, and north 
hy the aforesaid south line of the Pio\ ince of Quebec. Impiessed with 
such a belief, the Governor of Nova Scotia, as the settlements extended 
westward, and individuals wished for grants of land made them, and 
from the year 1765 to 177 1, made sundry grants of land, lying between 
ihc Magaguadavic and the Schoodic rivers. 

Such were the dilTerent opinions entertained at the commencement of 
the Revolution, and such they continued to be, when the provisional 
Ireaty and the treaty of peace were concluded. When the Piovinces 
were cut asunder, and ceased to be undei' the control of the same general 
sovereignty, and after the clo.se of the war, the loyalists settled on the 
eastern banks of the Schoodic, and extended their settlements between 
that and the Magnguadavic rivers, under the grants of the Piovince of 
Nova Scotia or the Crown ; the attention of Massachusetts was aroused, 
and called distinctly to the subject, and the (iovernment, July 7, 1784, 
passed a " resolve for appointing agents to the eastern |)art of this State, 
Id inform themselves ol encroachments made by the British subjects, 
and instructing them how to proceed." The agents were appointed, 
repaired to the place where the dispute existed, viewed the rivers, and 
made all such other imjuiries as were within their powei, and became 
convinced that th(! river M;ig.iguadavic was the river St. Croix of the 
treaty of 1783. In answer to in(juiiies made by the Lieutenant Governor 
of Massachusetts, dat(;d Aulevil, near Paris, October 25, 1781, the late 
John Adams, one of the negotiators of the provisional and th e reaty of 
peace, says: "we had before us, through the whole negotiation, a variety 
of maps; but it was Mitchell's map upon which was marked out the whole 



[ Senate Doc. No. 171. J 09 

boundary line of the United States; and the river St. Croix, which was 
fixed on, was, upon (hat map, the nearest to the St. John : so that, in 
all equity, j^ood conscience, and honor, the river next to the St. John 
should be the boundary. I am p,lad the Geneial Court are taking eaily 
measures, and hope they will j)ursuc them steadily until the point is 
settled, which it may be now amicably ; if neglected long, it may be 
more difficult." Massachusetts became confirmed'in her claim, as her 
inquiries and reseaichcs were extended. She pressed her claim upon 
the consideration of Congress, and upon the consideration of the Gov- 
ernors of Nova Scotia and Now Brunswick. Representations were 
made by Congress to the Government of Great Britain, through the 
minister of the United States. 

The different parties, so far from settling the difficulties, probably be- 
came more and more confirmed in their different opinions. After the 
organization of the Government of the United States under the constitu- 
tion, by a resolve passed February 1st, 1790, it was " Resolved, That his 
excellency the Governor be, and he hereby is, requested to write to 
the President of the United Stales, in behalf of this Commonwealth, 
informing him that the subjects of his Britannic Majesty have made, and 
still continue to make, encroachments on the eastern boundary of this 
Commonwealth, in the opinion of the Legislature contrary to the treaty 
of peace ; and that his excellency be requested to forward such docu- 
ments as may be necessary to substantiate the facts." Thus Massachu- 
setts called on the Government of the United States to protect them in 
the possession of their territory. 

The doubts which had arisen extended no farther than to what river 
was intended by the river St. Croix in the treaty of 1783, the treaty only 
describing it by its name ; nor could they, for when that was settled, the 
rule was clearly and distinctly given for finding the northwest angle of 
Nova Scotia. That is clearly implied in the first part of the fifih article 
of the treaty of 1794 ; for it says : " Whereas doubts have arisen what 
river was truly intended under the name of the river St. Croix, men- 
tioned in the said treaty of peace, and forming a part of the boundary 
therein described, that question shall be referred to the final decision of 
commissioners." The same article made it the duty of the commission- 
ers, "by a declaration under their hands and seals, to decide what river 
was the river St. Croix intended by the treaty, and, further, to describe 
the river, and to particularize the latitude and longitude of its mouth and 
its source." If any other doubts could have existed, or if the residue of 
the line could not have been ascertained by a survey, or if it had not 
been considered that ascertaining the river St. Croix settled the whole 
dispute, and if such were not the convictions of the contracting parties, 
it is not unreasonable to suppose that further provisions would have been 
introduced into the treaty, 

It was contended by the agent of the United States, before the com- 
missioners, that the river Magaguadavic was the river St. ('roix truly 
intended by the treaty of 1783, and he founded his claims and argument 
on many depositions of the natives, and of the persons who first settled 
in that part of the country, on the examination and reports of dgents, 
on the letters and testimony of several other persons, and on sundry 
maps. 



100 I Senate Doc. Ko. 171. J 

It was contended by the agent for his Britannic Majesty, that the 
river Scoudiac was the river St. Croix truly intended by the treaty of 
1783, and he founded his argument on the grant to Sir William Alexan- 
der, Les Carbot and Champlain's histories of the voyages of De Moots, 
and their desciiption of tiie country, the commissions to Governors of 
Nova Scotia, from 1719 to 1771, the pioclamations of 1763, and two 
acts of Parliament of the fourteenth of George 3d, and sundry maps* 
and depositions. His argument, and the facts and documents upon 
which he Ibunded it, clearly admits and demonstrates that the only un- 
certainty was, as to \\hat river was intended by the ii\er St. Cioix 
and thai from the source of the river which the commissioners should 
decide and designate according to the treaty of 1794, the eastern bound- 
ary line of the United States and the western boundary of the Province 
of Nova Scotia must commence, and continue due north to the high- 
lands, to wit : the highlands between the river St. Lawrence and the 
Restigouche or the St. John, according as the source should be fixed 
farther east or farther west. He expressly admits that the line due 
north from the St. Croix will, in any event, cross the liver St. John to 
the highlands, between that and the river St. Law rence, to wit : the 
lands which divide the streams which flow into the St. Lawrence from 
those which fall into the Atlantic, f 

'i'he discussion was closed in 1798, and the time had not then arrived 
when, from " cxipidity^''^ or a desire to establish a line from which they 
could attack the United States in the rear, while their navy should attack 
them on the seaboard, when they were determined to acquire by effron- 
tery or sophistry the territory which they had sought in vain as a cession. 

The commissioners, on the 25th of Oetol)er, 1798, made the declara- 
tion under their hands and seals, deciding what, and decribing the river 
also, which was truly intended by the river St. Croix, in the treaty of 
\lf*>i.\ Prior, however, to their making their final declaration, ihey had 
agreed, and were about making it tiie final declaration, that the river 
Schoodic, from its mouth at Joes Point to the Lake Genesagranagum-sis, 
now called the Round Lake, being the lowest of the western Schoodic 
lakes, was the river St. Croix of the treaty ; which declaration they did 
not make, but by the agreement or consent of the agents of the United 
States and Great Britain, and the advice of the British minister. § They 
adoj>ted the branch called the Cheputnctecook, to its source, as a part 
of tiie river which they were to decide and designate. If the British 
Government gained no advantage in the decision oi the commissioners, 
as, from the evidence submitted, the commissioners might well have de- 
cided that the Magaguadavic was the river St. Croix intended by the 
treaty, they did in fact gain a most decided and important advantage in 
the ado])tion of the source of the Cheputnctecook, instead of the source 
of the other hianch of the Schoodic river, where it issues from the Lake 
Genesagrariagtnn-sis, being the first lake on the western branch of the 
Schoodic, above its junction with the Cheputnctecook. By an inspec- 
tion of the map, it will apj)ear that the British have gained a tract of 
land, by a change of the declaration of the commissioners as to the 
source of the river St. Croix, of more than one hundred and forty miles 

• See Appendix. f Appemlix 11. \ Api)eiiiiix 12. § Aj)pcii(Jix 13. 



[Senate Doc. No. 171.] 101 

in length by more than ten miles in breadth. These facts are not named 
because tlicie is any disposition, on our part, to violate the good faith 
pledged in the treaty and the decision which was thus amicably made. 
The Biitish, if they be, as they declare themselves to be, "a great, hon- 
orable, and magnanimous nation," ought equally to abide the decision 
and its consequences in good faith, more especially as they gained so 
much by the result. Here every real doubt or dilliculty of any import- 
ance was settled and removed ; and nothing remained but to run and 
mark the line and erect its monuments. Trifling difl'erences in survey- 
ing the line, might occur, arising from the variation of the needle, and 
from the peculiar situation of the land on the line of the Government of 
Quebec, at the northwest angle of Nova Scotia, one of which would 
tend to change the longitude, and the other the latitude of the angle, 
possibly a mile ; but not in any instance to a distance of any importance 
to either Government. Some trifling diflerences might also arise in sur- 
veying the line between the Government of Quebec and Massachusetts, 
in running the line southwesterly from the northwest angle of Nova 
Scotia, as to the precise points which divide the waters, and the lines 
which should connect those points ; but all such differences are within 
a very narrow compass. That the only subject of doubt or difficulty of 
any importance was, what river was truly intended by the river St. 
Croix, is not only conceded by the treaty of 1794, but is demonstrated by 
the documentary evidence produced by the agent of his Britannic Majes- 
ty, to wit : the patents, charters, proclamations, and acts of Parliament, 
and his arguments founded upon these documents ; his arguments being, 
in fact, founded upon this plain and simple proposition : that the lines de- 
scribed by the treaty of 1783 were, and were intended to be, the lines 
which had before been established between the Province of Massachu- 
setts Bay on the one hand, and the Provinces of Quebec and Nova 
Scotia on the other.* 

When the subject is again recurred to by the respective Governments, 
it is not treated as a subject involving anything more than possible diffi- 
culties of trifling importance. Hence, in a convention between his 
Britannic Majesty and the United States, which was dated the 12th day 
of May, 1803, but which was not ratified by the United States, instead 
of reciting that, whereas doubts have arisen, &c., as in the treaty of 
1794, says : " Whereas it has become expedient that the northwest an- 
gle of Nova Scotia, mentioned and described in the treaty of peace be- 
tween his Majesty and the United States, should be ascertained and 
determined ; and that the line between the source of the river St. Croix 
and the said northwest angle of Nova Scotia should be run and marked, 
according to the provisions of the said treaty of peace." And again, 
when the subject is recurred to in a paper delivered to Lord Harrowby, 
September 5th, 1804, the following language is used : " By the treaty of 
1783, between the United States and Great Britain, the boundary between 
those States and Nova Scotia and Canada is fixed by a line which is to run 
along the highlands bounding the southern waters of the St. Lawrence." 
The same subject is once more recurred to by our ministers at the court 
of St. James, in April, 1807, and the same language is used in a pro- 

♦ Appendix 11. 



102 



[ Senate Doc. No. 171. ] 



posed article on the same subject, as was used in the unratified conven- 
tion of 1803, before recited. 

'i'iie subject is not again recurred to between the respective Govern- 
ments until lS14,in the corresijondciicc \>hich jjrcceded, and in the fifth 
article of the treaty o( Ghent. Jn order to airive at a full and perfect 
knowledge of the facts, to the end that the just and true interpretation 
of the filth article of the treaty of Ghent may more fully appear, a par- 
ticular examination of the correspondence which preceded it, between 
the ministers of the respective Governments of the United States and 
(ircat Britain, connected with the great chain of evidence of tide, and 
implied, and direct, and positive concessions of the British, is deemed 
impoitant. The coriespondence touching the subject in discussion is 
as I'ollows : 

In the piotocol made by the American commissioners of the two first 
conferences held with the British commissioners, the third point pre- 
sented by the commissioners on the part of the British, as subjects of 
discussion, is " the revision of the boundary line between the territories 
of the United States and those of Great Britain adjoining them in North 
America."* 

In the protocol of conference of August 8, 1814, among the subjects 
stated for discussion by the British commissioners, the third is " a revis- 
ion of the boundary line between the British and American territories, 
vith a view to prevent future uncertainty and dispute."! 

lii a letter dated Ghent, August 12, 1814, from the American commis- 
sioners to the Secretary of State,:]: the British commissioners stated 
three subjects, as those upon which it a|)peared to them that the discus- 
sions would be likely to turn, and on wiiich they were instructed. The 
third subject stated is, " A revision of the boundary line between the 
United States and the adjacent British colonies." With respect to this 
j)oint, they expressly disclaimed any intention on the part of their 
Government to acquire an increase of territory, and represented the 
proposed revision as intended merely for the purpose of preventing 
uncertainty and dispute. In a letter dated Ghent, August 19, 1814, from 
the American commissioners to the Secretary of State, the third subject 
slated by the British commissioners is, " A direct communication from 
Halifax and the Province of New Brunswick to Quebec, to be secured to 
(^reat Britain. In answer to our question, in what manner was this to 
be eflc'cted ? We were told that it must be done bv a cession to (Jre,at 
Britain of that portion of the District of Maine, (in the State of Massa- 
chusetts,) which intervenes between New Brunswick and Quebec, and 
j)revents theii- direct communication. "§ 

In a note of the British commissioners, dated Ghent, August 19, 1814, 
they say : " As they are desirous of slating every point in connexion 
Avith the subject, which may rcasonaldy inllucnce the decision of the 
American plenipotentiaries in (he exercise of their discretion, they avail 
themselves of this oppf)rtu/iity to repeat, what they have already stated, 
that (ir(;at Britain desires the revision of the frontier between her North 
American doniiniona and those of the United States, not with any view 

* state I'jpcrs, vol. 9, patj..- 327. f lb. 33J. * lb. 320. § lb. 332. 



[ Senate Doc. No. 171. J 103 

to an acquisition of territory^ as such^ hut for the purpose of securing 
her possessions^ and preventing future disputes.^^* 

Then follows a proposition that the military possession of the lakes 
shall be left in the hands of the British ; then the note proceeds, " if this 
can be adjusted, there will then remain for discussion the arrangement 
of the northwestern boundary between Lake Superior and the Missis- 
sip[)i, the free navigation of that river, and such a variation of the linz 
of frontier as may secure a direct communication between Quebec and 
Halifax.'' 

In a letter dated Ghent, August 24, 1814, from the American to the 
British commissioners, they say : " The undersigned further perceive, 
that under the alleged purpose of opening a direct communication be- 
tween two of the British Provinces in America, the British Governmeat 
require a cession of territory forming a part of one of the States of the 
American Union^ and that they propose, without purpose specifically al- 
leged, to draw the boundary line westward, not from the Lake of the 
Woods, as it now is, but from Lake Superior. It must be perfectly im- 
material to the United States, whether the object of the British Govern- 
ment, in demanding the dismemberment of the United States, is to acquire 
territory, as such, or for purposes less liable, in the eyes of the world, to 
be ascribed to the desire of aggrandizement. Whatever the motive may 
be, and with whatever consistency views of conquest may be disclaimed, 
while demanding for herself or for the Indians a cession of territory 
more extensive than the whole island of Great Britain, the duty marked 
out for the undersigned is the same. They have no authority to cede 
any part of the territory of the United States ; and to no stipulation to 
that efll'ect will they subscribe."! 

In a letter dated Ghent, September 4, 1814, from the British to the 
American commissioners, they say : " With respect to the boundary of 
the District of Maine, and that of the northwestern frontier of the United 
States, the undersigned were not prepared to anticipate the objections 
contained in the note of the American plenipotentiaries, that they were 
instructed to treat for the revision of their boundary lines, with the state- 
ment which they had subsequently made, that they had no authority to 
cede any part, however insignificant, of the territories of the United 
States, although the proposal left it open for them to demand an equiva- 
lent for such cession, in territory or otherwise. 

" The American plenipotentiaries must be aware that the boundary 
of the District of Maine has never been correctly ascertained ; that the one 
asserted at present by the American Government, by which the direct 
communication between Halifax and Quebec becomes interrupted, was 
not in contemplation of the British plenipotentiaries who concluded the 
treaty of 1783, and that the greater part of the territory in question is actu- 
ally unoccupied. The undersigned are persuaded that an arrangement 
on this point might be easily made, if entered into with the spirit of con- 
ciliation, without any prejudice to the interests of the District in ques- 
tion. As the necessity for fixing some boundary for the northwestern 
frontier has been mutually acknowledged, a proposal for a discussion on 
that subject cannot be considered as a demand for a cession ol territory, 

♦ State Papei-F, vol. 9, p. 339. t Jt»- 381. 



101 [ J-eiiate Doc. No. l7l ] 

unless the United States are prepared to assert there is no lin>it to the 

territories in that direction, and that, availing themselves of the p;eo- 
graphical error upon which that part of the treaty of 1783 was founded, 
thej will acknowledge no boundary whatever, then, unquestionably, 
any proposition to fix one, be it what it may, must be considered as de- 
manding a large cession of territory from the United States."* 

In a letter dated Ghent, September 9, 1814, from the American to the 
British commissioners, the American commissioners say: " With regard 
to the cession of a part of the District of Maine, as to which the British 
plenipotentiaries are unable to reconcile the objections made by the un- 
dersigned with their previous declarations, they have the honor to ob- 
serve, that at the conference of the Sth ultimo the Biitish plenipotentiaries 
stated, as one of the subjects suitable for discussion, a revision of the 
boundary line between the British and American territories, with a 
view to prevent uncei tainty and dispute ; and that it was on the point 
thus stated that the undersigned declared that they were provided with 
instructions from their Government; a declaration which did not imply 
that they were it)structed to make any cession of ten itory in any quarter, 
or to agree to a revision of the line, or to any exchange of territory 
where no uncertainty or dispute existed. 

"The undersigned perceive no uncertainty or matter of doubt in the 
treaty of 1783, with respect to that part of the boundary of the District 
of Maine which would be affected by the proposal of Great Britain on that 
subject. They never have understood that the British plenipotentiaries 
who signed that treaty had contemplated a boundary different from that 
fixed by the treaty, and which requires nothing more, in order to be 
definitely ascertained, than to be surveyed in conformity with its pro- 
visions. This subject not having been a matter of uncertainty or dis- 
pute, the undersigned are not instructed upon it, and they can have no 
authority to cede any part of the State of Massachusetts, even for what 
the British Government might consider a fair equivalent."! 

In a letter dated Ghent, September 19, 1814, from the British to the 
American commissioners, they say : " With respect to the boundary of 
the District of Maine, the undersigned observe, with regret, that al- 
though the American plenipotentiaries have acknowledged themselves 
to be instructed to discuss a revision of the boundary line, with a view to 
prevent uncertainty and dispute ; yet, by assuming an exclusive right, 
at once to decide what is or not a subject of uncertainty and dispute, 
they have rendered their powers nugatory or inadmissibly partial in their 
operation."! 

In a letter dated Ghent, September 26, 1814, from the American to 
the British commissioners, they say : " The undersigned are far from as- 
suming the exclusive right to decide what is or what is not a subject of 
uncertainty or dispute with regard to the boundary of the District of 
Maine. But until the British plenipotentiaries shall have shown in what 
respect the part of that boundary which would he affected by their pro- 
posal is such a subject, the undersigned may be permitted to assert that 
it is not." 

The treaty of 1783 described the boundary as "a line to be drawn 

♦ Slate Fapen, vol. 9, p. 381. f \h. 398. ^ lb. p. 400. 



[ Senate Doe. No. i7 1. | 1O3 

alone; the middle of the rivor St. Croix, from its mouth, in the bay of 
Fundy, to its t^ource, and from its source directly noith to the highlands 
which divide the rivers that fall into the Atlantic ocean from those which 
fall into the river St. Lawrence, and thence along the said highlands to 
the northwesternmost head of Connecticut river." " Doubts having 
arisen as to the St. Croix designated in the treaty of 1783, a provision 
was made in that of 1794 for ascertaining it ; and it may be fairly infer- 
red, from the limitation of the article to that sole object, that, even in the 
judgment of Great }3ritain, no other subject of controversy existed in re- 
lation to the extension of the boundary line from the source of that river. 
That river and its source having been accordingly ascertained, the un- 
deisigned are prepared to propose the appointment of commissioners by 
the two Governments, to extend the line to -the highlands, conformably 
to the treaty of 1783. The proposal, however, of the British plenipo- 
tentiaries was not to ascertain, but to vary, those lines in such a manner 
as to secure a direct communication between Quebec and Halifax ; an 
alteration which could not be effected without a cession by the United 
States to Great Britain of all that portion of the State of Massachusetts 
intervening between the Province of New Brunswick and Quebec, al- 
though unquestionably included within the boundary lines fixed by that 
treaty. Whether it was contemplated on the part of Great Britain to 
obtain a cession with or without an equivalent in frontier or otherwise, 
the undersigned, in stating that they were not instructed or authorized to 
treat on the subject of cession, have not declined to discuss any matter of 
uncertainty or dispute which the British plenipotentiaries may point out 
to exist, respecting the boundaries in that or any other quarter, and are 
therefore not liable to the imputation of having rendered their powers on 
the subject nugatory or inadmissibly partial in their operation."* 

In a letter dated Ghent, Octobers, 1814, from the British to the Amer- 
ican commissioners, they say: "The British Government never requi- 
red that all that portion of Massachusetts intervening between the Prov- 
ince of New Brunswick and Quebec should be ceded to Great Britain, 
but only that small portion of unsettled country which interrupts the 
communication between Halifax and Quebec, (there being much doubt 
whether it does not already belong to Great Biitain."!) In the letter 
dated Ghent, October 21, 1814, from the British to the American com- 
missioners, they say : " On the question of boundary between the domin- 
ions of his Majesty and those of the United States, the undersigned are 
led to expect, from the discussion which this subject has already under- 
gone, that the northwestern boundary, from the Lake of the Woods to 
the Mississippi (the intended arrangement of 1803) will be admitted with- 
out objection. 

" In regard to other boundaries, the American plenipotentiaries, in 
their note of August 24, appeared, in some measure, to object to the prop- 
osition then made by the undersigned, as not being on the basis of w^i 
possidetis. The undersigned are willing to treat on that basis, subject 
to such modifications as mutual convenience may be found to require ; 
and they trust that the American plenipotentiaries will show, by their 
ready acceptance of this basis, that they duly appreciate the moderation 

* state Papers, vol. 9, p. 405. f lb. p. 415. 



106 f Senate Doc. ^'o. i7l. ] . 

of liis Majesty's Government, in so far consultinc; the honor and fair pre- 1 
tensions of the United States, as, in the relative situation of the two 
countries, to authorize such a pioj)osition."* 

In a letter dated Ghent, October 21, 181 1, from the American to the 
British commissioners, they say : " Amongst the jj;eneral observations 
which the undersigned, in their note of August 24th, made on the prop- 
ositions then brought forward on the part of the British Government, 
they remarked that those |)iopositions were neither founded on the basis 
of uti possidetis, nor that of status ante bellum. But so far were 
they from suggesting the xiti possidetis as the basis on which they were 
disposed to treat, that in the same note they expressly stated tl)at they 
liad been instructed to conclude a peace on the principle of both parties 
restoring whatever territory they might have taken. The undersigned 
also declared in that note that they had no authority to cede any part of 
the territory of the United States, and that to no stipulation to that effect 
would they subscribe. And in the note of the Sth of September, after 
having shown that the basis of uti jossidetis, such as it was known to 
exist at the commencement of the negotiation, gave no claim to his Brit- 
annic Majesty to cessions of territory, founded upon the right of conquest ; 
they added that, even if the chances of war should give to the British 
arms a momentary possession of other parts of the territory of the 
United States, such events would not alter their views with regard to 
the terms of peace to which they would give their consent. 

" The undersigned can only now repeat those declarations, and de- 
cline treating upon the basis of uti possidetis, or upon any other princi- 
ple involving a cession of any part of the territory of the United States, 
as they have uniformly stated they can only treat upon the principle of 
a mutual restoration of whatever territory may have been taken by either 
jjarty. F^om this principle they cannot recede ; and the undersigned, 
after the repeated declarations of the British plenipotentiaries, that Great 
Britain had no view to the acquisition of territory in this negotiation, 
deem it necessary to add, that the utility of its continuance depends on 
their adherence to this principle."! 

In a letter dated Ghent, October 25, 1814, from the American com- 
missioners to the Secretary of State, they, after stating that an article had 
been reduced to writing, securing merely an Indian pacification, had 
been agreed to be accepted, subject to the ratification or rejection of the 
(ioveinment of the United States, say: "But you will perceive that our 
request for the exchange of a project of a treaty has been eluded, and 
that, in their last note, the British |)lenipotentiaries have advanced a de- 
mand, not only new and inadmissible, but totally incompatible with 
their uniform previous declarations, that Great Hritain had no view in j 
this negotiation to any ac(|uisition of territory. It will be perceived that 
this new pretensiorr was brought forward immediately after the accounts 
had been received that a British force had taken possession of all that 
part of the State of Massachusetts situated east of IV'nobscot iiver."| 

It having been shown, in the first part of this report, what the lines 
between Massachusetts and Nova Scotia, and Massachusetts and the 
Province of Quebec, as formed and established by the Government, 

♦ State Papers, vol. 9, p. 427. t *•>• P- '♦^S. * lb. p. 375. 



[ SeiKUf Doc. No. 17(. ] 107 

were, prior to the provisional treaty, and the definitive treaty of peace 
; of 1783, and tlio investigation which took phice, and the care and dili- 
gence with which the subject was examined by the commissioners of 
I both Governments and the cabinet of Great Britain, and that it was the 
1 intention of both Governments to adopt the lines above mentioned, as a 
!| part of the boundary of the United States; and that the treaty itself, in 
] describing the boundary, contains almost the precise language which the 
' British had often used in relation to the same lines ; it having also been 
j shown that the only ditficulty in relation to the line arose from the un- 
I certainty as to what river was truly intended by the river St. Croix, and 
I which uncertainty arose from facts and circumstances which existed long 
before, and at the time of concluding the treaties, and which were not 
removed by the treaty, in consequence of the river St. Croix not being 
designated with any more particularity than it was before, in the patents, 
charters, acts of Parliaments, and documents, in which it had been men- 
tioned ; and, also, that in the discussions on the subject between the 
Governments of the United States and Great Britain, it had been admit- 
ted, more especially by the agent for the latter, that let the commission- 
ers designate what river they would as the river St. Croix truly intend- 
ed by the treaty of peace, from the source of that river, the line run due 
north to the highlands, the southern line of the Government of Quebec, 
and the northern line of Massachusetts, and the Province of Nova Scotia; 
and in any event, even if they adopted the most western point, which he 
described as the head of the river St. Croix, the line running north must 
cross the river St. John to the highlands, dividing the waters which fall 
into that river from those which fall into the river St. Lawrence.* 

It also having been further shown, that since 1798, when the river St. 
Croix was designated by the commissioners under the treaty of 1794, 
from all the correspondence and treaties which had been formed or pro- 
posed to be formed by the commissioners of the two Governments, the 
right of the United States had not been considered any way doubtful, 
, and the whole object of the arrangements thus attempted to be made had 
been limited to surveying and marking the line. 

With a recurrence to these facts and circumstances, a more particular 
attention to the correspondence which preceded the treaty of Ghent, 
which is hereinbefore quoted, to the end that the true intent and mean- 
\ ing of the contracting parties in the fifth article of that treaty may be 
more clearly ascertained and better understood, is not deemed unim- 
portant. 

The British commissioners ask a revision of the boundary line be- 
tween the United States and the adjacent British colonies, disclaiming 
expressly, at the same time, any disposition to acquire an increase of ter- 
ritory, and limiting their proposition to the simple fact of so ascertaining 
the line as to prevent uncertainty and dispute. Such was their hrst 
proposition ; but, as the conferences progressed, they, in some measure, 
varied their proposition ; and, instead of asking simply a revision of the 
line, to prevent uncertainty and dispute, they ask a direct communica- 
tion from Halifax and the Province of New Brunswick to Quebec ; and 
when they are requested to explain, explicitly declare that it must be 

•See Appendix 11. 



108 [ Senate Doc. No. 17 I. J 

done by a cession of that portion of the District of Maine which inter- 
venes between New Brunswick and (Quebec, and prevents a direct com- 
munication. 

lleie they clearly and distinctly ask the territory as a cession, there- 
by conceding the title is not in them, which the subordinate agents, since 
appointed, have had the ingenuity to claim as a right. The American 
conimissioneis most clearly and explicitly deny any authority, on their 
part, to cede any j)ortion of the territory asked of them, whether to se- 
cure the right of passage between their dilVerent Provinces or otherwise, 
and the denial is repeated as often as the subject recurs in the confer- 
ences or correspondence. 

The British commissioners, in giving a construction to their own prop- 
osition for securing a direct communication between New Brunswick 
and Quebec, say : " Their proposal left it open to the American com- 
missioners to demand an equivalent for such cession, in territory or other- 
wise." Here our right is again conceded, in language which admits no 
doubt ; for the supposition that the British would consent to purchase of 
us that territory to which they had title, is absurd and preposterous. 
The British are too vigilant, in their negotiations, to overlook their own 
claims, whether well or ill founded. They are not generous beyond 
what their interest dictates, nor are they liable to the imputation of un- 
due or disinterested generosity in their negotiations. 

The American ministers most explicitly stated that they were not 
instructed to agree to any revision of the line, where no uncertainty or 
dispute existed, and that they could perceive no uncertainty or matter 
of doubt in the treaty of 1783, with regard to that part of the boundary 
of the District of Maine which would be atlected by the proposal of 
Great Britain on the subject. That they never understood that the 
British plenipotentiaries, who signed that treaty, had contemplated a 
boundary dillerent from that fixed by the treaty, and which requires 
nothing n)ore, in order to be definitively ascertained, than to be surveyed 
in conformity with its provisions. The subject not having been a mat- 
ter of uncertainty or dispute, they were not instructed upon it, and had 
no authority to cede any part of the State of Massachusetts, even for 
what the British might consider a fair equivalent. 

To which the British ministers replied that, although the American 
commissioners acknowledged themselves to be instructed to discuss the 
revision of the boundary line, yet, by assuming to decide for themselves | 
what was or what was not a subject of uncertainty or dispute, they had 
rendered their powers nugatory or inadmissibly partial. 

The American commissioners having stated their construction of the i 
treaty of 1783, as it applied to the line between Maine and the Provinces \ 
of Nova Scotia and Canada, say that they have not pretended to assume ' 
anything, but sh;ill persevere in their opinions until the British com- 
missioners should point out in what respect ihe part of the boundary, 
which would be allected by their |)roposal, is such a subject of uncer- 
tainty or dispute. That all the doubts which could have ever existed in 
relation to the line were settled under the treaty of 1794, and were 
pr('j)ared to proj)ose the appointment of commisioners to extend the lines 
to the highlands, in conformity to the treaty of 1783. That the proposi- 
tion of the British was to vary those lines, by obtaining a cession of the 



[ Senate Doc. No. 171. J 10 > 

territory between New Brunswick and Quebec, although that territory 
■was unquestionably included within the boundary lines fixed by the 
treaty. 

Although the subject is again thus clearly pressed upon the considera- 
t-ion of the British coniniissioners, and they aic called upon to point out 
any uncertainty or dispute, or cause ol' uncertainty or dispute, in relation 
to the boundary, with a perfect understanding that their acquiescence 
would be taken as the admission of the fact, to wit: that there was no 
uncei tainty or dispute as to the boundary line ; they pointed out no un- 
certainty, but contented themselves by saying the "British Government 
never required that all that portion of Massachusetts which intervenes 
between (he Province of New Brunswick and Quebec should be ceded 
to Great Britain, but only that small portion of territory which interrupts 
the communication between Halifax aud Quebec, (there being much 
doubt whether it does not alieady belong to Great Britain.") Here no 
uncertainty or dispute is pointed out : they do not once say the line 
stops at Mars Hill, or any other point, but admit that it does not, by in- 
variably asking the territory, or a communication between New Bruns- 
wick and Quebec, or Halifax and Quebec, as a cession. Instead of meet- 
ing the proposition of the American commissioners, in the frankness and 
candor with which it was made, they do no more than superadd a doubt, 
which the whole correspondence shows they did not believe, perhaps 
with a glimmering hope that the British Government might find some 
daring agent who would have the hardihood to claim, and by ingenious 
sophistry endeavor to maintain, as a right, that which, from their con- 
victions of right and justice, they requested only as a cession ; some one 
who would not be restrained by that high-minded and honorable course 
which ought ever to be preserved, to maintain the relations of peace 
and harmony between nations, but would sacrifice every consideration 
ot that kind to acquire a temporary advantage, regardless of its future 
results. 

After the Biitish had taken military possession of Castine, and claim- 
ed, from that ciicumstanee, the military possession of the territory of the 
State of Maine east of Penobscot river, and having altogether failed, even 
in the prospect of obtaining any part of the State of Maine by cession, 
they change their proposition, and, to effect the same object, proposed 
the principle of uti possidetis as the basis, subject to such modifications 
as mutual convenience may be found to require. To this proposition 
the American commissioners, promptly and unequivocally, as they had 
done on all other occasions, refused treating " on the principle of uti 
possidetis, or upon any other principle involving a cession of any part of 
the territory of the United States." 

Can it for a moment be supposed that when the British commissioners 
so often requested the territory as a cession, and expressed a disposition 
to give an equivalent, if it would be received, and when they were as 
often, and peremptorily denied, on the ground of total want of authority 
to cede, that it was the intention of the commissioners to do anything 
more than to provide for the survey and marking of the lines, and to 
guard against any possible difficulties of a minor character, such as the 
variation of the needle, or the precise spot where the corner, to wit : the 
northwest angle of Nova Scotia should be fixed on the range of high- 



110 [ Senate Doc. No. iH. ] 

lands limiting the sources of those rivers which emj)ty themselves into 
the river St. Lawrence, or some other possible ditlicuities of a similar 
character, none of which would vary the lines materially, or in any im- 
portant degree, to either Government? >Mien the whole is faiily and 
candidly examined, such must be the conclusion. No other conclusion 
can be made, unless it be on tlie groined that the American commission- 
ers undertook to exercise a power ^vhich they so often and explicitly 
declared to the British they did not possess, and if they did exercise a 
power which they did not possess, their acts were not obligatory upon 
the Government. 

A careful examination of the fifth article of the treaty of Ghent does 
not involve a conclusion that the commissioners departed from the 
powers given theni, and their repeated and reiterated declarations. The 
part of the article relating to the point under discussion is as follows: 
" Whereas, neither that point of the highlands, lying due north from the 
source of the river St. Croix, and designated in a I'ormer treaty of peace 
between the two Poweis as the northwest angle of Nova Scotia, nor the 
northwesternmost head of Connecticut rivei-, has yet been ascertain- 
ed ; and w hereas that part of the boundary line between the dominions 
ol' the two Powers, which extends Irom the source of ihe river St. Croix, 
directly north, to the abovementioned northwest angle of Nova Scotia; 
thence along the said highlands which divide those rivers that empty 
themselves into the river St. Lawrence, from those which fall into the 
Atlantic ocean, to the northwesternmost head of Connecticut river; thence 
down along the middle of that river to the forty-fifth degree of noith 
latitude ; thence, by a line due w est on said latitude, until it strikes the 
river Iroquois or Cataraguy, has not yet been surveyed ; it is agreed that, 
for these several purposes, two commissioners shall be appointed, sworn 
and authorized to act exactly in the manner directed, with respect to 
those mentioned in the next preceding article, unless otherwise specified 
in the present article. The said commissioners shall Iiave power to 
ascertain and determine the points above mentioned, in conformity with 
the provisions of the said treat}' of peace, of one thousand seven hundred 
and eighty-three, and shall cause the boundary aforesaid to be surveyed 
and marked according to the said provisions. The said commissioners 
shall make a map of said boundary, and annex it to a declaration under 
their hands and seals, certifying it to be a true map of said boundary, 
and particulaiizing the latitude of the northwest angle of No^•a Scotia, 
and of the northwesternmost head of Connecticut river, and of such other 
points of said boundary as they may deem proper." 

Here the question may be repeated, has Nova vScotia two northwest 
angles? or an ideal one, placed where the " ci//>irff7_?/" or the interested 
views of either party may dictate ? or is the northwest angle of Nova 
Scotia, the northwest angle of Nova Scotia as established by the Crown 
and Goveinment of Great Britian, adopted by the treaty of 1783, and 
recognised in the discussions by the agents under the fifth article of the 
treaty of 1794, and also lecognised by all subsequent discussions be- 
tween the United States and Great Britain? It cannot be reasonably 
supposed that the commissioners had any other angle in view, especially 
as the article seems to recognise and place the location of the angle on 
the construction of the treaty of 178 i, explained as it was by the treaty 



I Senate Doc. No. 17 1. ] 111 

of 1794, and the discussions under that treaty. It cannot be supposed 
(hat the British commissioners expected to 2,ain that which tliey had 
requested as a cession, or the American commissioners expected to lose 
anything which they had denied, IVom the language used and references 
made in the article above quoted ; but it is to be supposed that both 
parties, in agreeing to the article, limited to the description in the treaty 
of 1783, as tlie same iiad been defined, and the rights of the parties under 
it had been explained by direct and implied acknowledgments of its true 
construction, from the time of its adoption, intended simply to provide 
for the survey and marking of the line. No other conclusion can follow, 
unless it be supposed that the high-minded and honorable men who 
negotiated the treaty did on the one part resort to the most despicable 
chicanery, and the other to a gross and palpable violation of the power 
and authority to them delegated ; neither of which can be true. It fol- 
lows, then, that to fulfil this article, nothing more was required than to 
survey and mark the lines; and that the ditiiculties which could arise, if 
any, were of minor consequence, not involving, in any event, but a 
trifling extent of territory, and of little importance to either Government, 
and by no means involving the title to the intervening territory between 
New Brunswick and Quebec, which had often been sought as a cession, 
to secure a direct communication, and as often denied. 

If the agents and commissioners of the two Governments have depart- 
ed from this plain and natural interpretation of the treaty, they must have 
erred from causes which are creditable to neither. If a line were to be 
established, contrary to this obvious construction, it is to be foreseen 
that the party thus deprived of its rights would imbibe a spirit not to be 
subdued, and which would seek its redress whenever it could, at any 
sacrifice. If the British colonists were to be governed by their true 
interests, they would not endeavor to acquire anything by construction, 
against the true and common-sense interpretation of all the treaties, be- 
cause in that they would discover the germes of eternal hostility. 

If, in the prosecution of the duties under this article, the agent of the 
United States has misconstrued and extended its application beyond its 
plain and obvious construction, or had not a clear and distinct view of 
the meaning of the terms " highlands ivhich divide the luaters^'''' in the 
treaty of 1783, or was bewildered by mountains, or mountain langes, 
when even mole hills answer the description precisely, if they do " divide 
the waters which flow into the river St. Lawrence from those which fall 
into the Atlantic," and if the British agent, in the prosecution of his 
duties, under the same article, has pretended that the northwest angle 
of Nova Scotia is at Mars Hill, and that the line of the United States 
runs southwestwardly from that point, when the territory extending 
north, northwest, west, and southwestwardly, is claimed as a part of the 
ancient Province of Nova Scotia, thereby destroying the northwest angle 
of Nova Scotia, which had been established by a series of acts of the 
British Government, and acknowledged by them to this time, and sub- 
stituting therefor a southwest angle, and, if from the course, so absurd 
and preposterous in itself, ingenuity should obtain a temporary triumph 
over right, a question will arise, growing out of the nature of and the 
organization of the State and National Governments — has the United 
States any constitutional authority to cede any part of an independent 
sovereignty composing one of its members.'* 



1(2 [ Senat*^ Doc. No. 171.] 

The commissioners of the United States who negotiated the treaty of 
Ghent unilormly denied the light of cession; but whether they founded 
their denial on tiie want of authority in the instructions given them, or 
upon tlhe constitution of the United States, is not perfectly clear. If 
upon tho first, they adopted a right course ; if upon the last, their course 
■was also right ; and there must be perfect hurniony of oj)inion, because 
either principle preserves the rights of the individual States, On 
this subject it may be iuipoitant to consider the object and nature of 
the association of the States, which led to the adoption of the consti- 
tution. 

The General Governn)cnt, which had originated in the oppression of 
Great Britain, and been sustained by the pressure of an external enemy, 
and had carried the country through the Revolution, when peace was re- 
stored, was found to be too feeble for any valuable purpose to the States. 
Its inherent defects had, by a few years' experience, been shown, and 
the States, for want of general union, were in danger of degenerating and 
falling into anaichy, and of becoming a prey to each other, or any for- 
eign nation. The independent sovereignties saw the necessity of asso- 
ciating anew ; which they did, and in that association mutually delegated 
limited parts of their sovereign power, for the greater security of those 
retained. 

As in the first confederation mutual defence and protection was a pri- 
mary object, so it was in the last confederation ; a mutual protection, 
not limited to the personal rights of individuals, but extended to the full 
and free exercise of the whole sovereign power, not delegated, to the 
extent of the territorial jurisdiction of the State. With this view of the 
object of the confederation, composed as it was of independent sove- 
reignties, it cannot be supposed that they ever intended to give to the 
General Government any power by which they might be destroyed and 
consolidated, or by which even their rights of sovereignty and jui i:?diction 
might be abridged. It has never been pretended that Congiess has the 
power of taking from one State and giving to another, or to incorporate 
new States within the limits of old ones; nor has it ever claimed to ex- 
ercise such a power. The most it has ever done, or has a constitu- 
tional right to do, has been, to give its consent to the compact made 
between the parties immediately interested, and to admit the new Stat? 
into the Union. 

If Congress do possess the power of ceding any portion of an inde- 
pendent State, they possess a power to break down the State sovereign- 
ties by which they were created, and at their pleasure to produce a con- 
solidation of those sovereignties ; a power which was never delegated 
or intended. If, therefore, the Congress of the United States attempt to 
exercise such a power, the State, thus deprived of, or limited in, its 
rights of sovereignty, must submit, or enforce its rights. 

The rights of protection in the exercise of the sovereign power of the 
State are equal, whether it is an exterior or interior State, and Congress 
can have no more constitutional right to take fiom Maine and cede to 
New Brunswick, than they have to take from Virginia a part of her ter- 
ritory, and cede it to North Carolina. Congress has not claimed to 
exercise such a power, for the construction of the treaty of Ghent, herein- 
before given, docs not involve sucli a power, unless from a misconstructioa 



[Senate Doc. No. 171. J 113 



of its provisions, limiting, as it does, the whole power of the commission 
to the surveying; and maikiiij^ of the linos, and erecting its monuments, 
according to the treaty of 17S3. 

But it will at once be seen, if the Government of the United States 
^yield to the misconstructions of the agents, so far as to be endangered 
by the result, that by the misconstructions of the one and the ingenuity of 
the other, arising from a strong desire to acquire for his country the ter- 
ritory which had been so often but unsuccessfully sought as a cession, and 
by its final result the lines of the State of Maine are materi.dly changed, 
she will be as much dispossessed of her territory and sovereignty, as she 
would have been by a direct exercise of the power of cession. The one 
mode, equally with the other, involves an assumption of power which 
was never delegated. If such an unfortunate occurrence ever arises, 
from any cause, the duty which the State owes herself and her sister 
republics is plain. 

While it is the duty, as well as the interest, of individuals, as well as 
States, to yield a peaceable and quiet obedience to every exercise of 
constitutional power on the part of the Government of the United States, 
it is equally theh- duty, and their interest, to resist all encroachments on 
the rights which they have reserved. If a part of the State of Maine 
should be surrendered by the Government of the United States, either 
by a direct or indirect exercise of the power of cession, it will then be a 
duty which she owes herself to consider whether she has, by such an 
invasion of her rights, lost her right of sovereignty and jurisdiction. Such 
an exercise of power can have no obligatory force; and, unless Maine 
quietly and peaceably submits, it will be the duty of the States, a duty 
imposed by the Federal Government, to aftbrd her aid and protection, 
and to aid her in regaining her rights. 

From the provisional treaty of peace in 1782 to the treaty of Ghent, 
for a period of more than thirty-two years, the British always conceded 
our title and our rights, whenever the subject was presented in the dis- 
cussions between them and the United States. Even in the argument 
of the British agent, under the fourth article of the treaty of Ghent, de- 
livered before the commissioners in September, 1817, after the board, 
under the fifth article of the same treaty, and the agents had made their 
agreement for a survey, he unequivocally admits and shows our title. He 
says: "That the northwest anjile of Nova Scotia, mentioned in the 
treaty as the commencing point in the boundary of the United States, is 
the northwest angle of the said Province of Nova Scotia, designated in the 
grant to Sir William Alexander in 1621, subject only to such altera- 
tions as was occasioned by the erection of the Province of Quebec, 
, 1763." 

Since the treaty of Ghent, and the entire failure on the part of the 
British to obtain the territory by cession or purchase, and since Septem- 
ber, 1817, they have pretended to claim it as a right, and do, in fact, 
pretend to claim a much greater extent than they had ever sought by- 
way of cession, by extending the claim much further south and west 
than is necessary to secure a communication between Halifax and 
Quebec. 

The idea of claim, as they at present make it, probably originated 
with some of their subjects in the Provinces, who, having a great desire 
8 



t 14 [ Senate Doc. No. 171.] 

to hold (he country, endeavored to stimulate the Government of Great 
Britain, that she nii'^ht,by some means, be induced to obtain it. In order 
to show the oii':;in as well as the substance of their claim, as they now 
make it, the following extract is made liom a work published a little be- 
fore the orjranizaiion of the commission under the fifth article of the* 
treaty of Ghent, entitled " A topographical description of the Province 
of Lower Canada, with remarks upon Upper Canada, and on the rela- 
tive connexion of both Provinces with the Inited States of America, 
by Joseph Bouchette, Surveyor CJeneral of Lower Canada, Col. C. M." 
'I'his work was dedicated to the present King George IV, then Prince 
Regent, and was accompanied with splendid maps. Col. Bouchette was 
attached to the commission under the fifth article of the treaty of Ghent, 
at the commencement, as principal surveyor on the part of the British. 
He says, " the height of land on which the boundary is supposed to 
pass run's to the northeast, and divides the waters that fall into the St. 
Lawrence from those llowing into the Atlantic, and which height, after 
running some distance upon that course, sends oK a branch to the east- 
ward, that separates the head of the Thames, falling into Lake Temis- 
couata and river St. John, and by that channel into the bay of Fundy, 
from those that descend in a more direct course to the Atlantic. 

" The main ridge, continuing its northeasterly direction, is intersected 
bv an imaginary line, prolonged in a course astronomically due north 
from the head of the river St. Croix, and which ridge is supposed to be 
the boundary between Lower Canada and the United States ; at least, 
such appears to be the way in which the treaty of 1783 is construed by 
the American Government, but which ought to be more fairly under- 
derstood, as follows, to wit: that the astronomical line, running north 
from the St. Croix, should extend only to the first easterly ridge, and 
thence lun westerly along the crest of the said ridge to the Connecticut, 
thereby equitably dividing the waters flowing into the St. Lawrence 
from those that empty into the Atlantic, within the limits of the United 
States, and those that have their streams within the British Province of 
New Brunswick- It is important, and must always have been in con- 
templation, that an uninterrupted communication and connexion should 
exist between all his Majesty's North American possessions; but by the 
manner in which the treaty is insisted upon by the opposite party, a 
space of more than eighiy-live miles would be placed within the Ameri- 
can limits, by which the British Provinces would be completely secured ; 
it would also prove the inconvenience of having the mail, from England 
to (Quebec, carried over that distance of American territory, and which 
may [)e deemed cither a matter of indulgence, or complained of as an 
encroachment, according to the transfer of the times. SVilhin this tract 
is also the Aladawaska settlement, consisting of nearly two hundred 
families, all holding their grants from the British Government. Eng- 
bnd, at all times high-minded and generous, never shrinks from the ful- 
filment of her engagen)ents, even though, from the want of political 
acuteness in the persons enijjloyed, they n)ay have been formed in a 
manner piejudicial to her interests. But at the same time she has a 
right, to rctpiire that the interpretation of them should not be overstrain- 
ed or twisted from the obvious meaning and intent, by a grasping cupidi- 
ty after a few miles of country which could be of little advantage to the 
opposite party." 



[ Senate Doc. No. 171. ] 115 

The above extract has been made, because it shows the whole of the 
British claim, as they have since made it, as well as the substance of all 
the arguments they have urged in its support ; all which has since beert 
done by them, whether in making surveys, collecting documents, or 
making aiguments, for a period of more than five years, has not placed 
their pretensions in a stronger light. If suhsecjuont occurrences have 
given their claim any additional plausibility, it can only be altributed to 
the agents having transgressed the authority given ihein by the treaty, 
and discussed a claim which was not submitted. Here it is wholly un- 
necessary to repeat the facts and documents hereinbefore (juoted or re- 
ferred to — a mere recurrence to them, and placing them in opposition 
to the British argument, shows, to use no harsher term, its total ab- 
surdity. 

The argument seems to be addressed to the pride of the British, and 
vanity of the Americans. As it relates to the British, the argument has 
had its effect ; but as it relates to the Americans, it has been a little too 
gross to deceive. If the discovery had been made more seasonably, it 
might have acquired a temporary appearance of plausibility ; hut when 
the subject had come before Parliament, and had also been under dis- 
cussion by the commissioners and agents of the two Governments; and. 
last of all, when the British commissioners had perseveringly sought the 
territory, in every form, as a cession, from seventeen hundred and eighty- 
two to eighteen hundred and fourteen, a period of thitty-two years, the 
argument is not calculated to deceive, and ill accords with the character 
always " high-minded and generous, and which never slirinks from the 
fulfilment of its engagements." 

The territory, from all our researches, never has been claimed as a 
right by the British Government, or any of its commissioners or agents^ 
until 1817, after the commission under the 5th article of the treaty of 
Ghent was organized ; but, on the contrary, as has been before showOp 
the right has always been conceded to be in the United Slates. NoWj, 
their claim, stripped of its verbiage, and translated into plain language,, 
rests on this plain and simple proposition : the country lies between two 
of our Provinces; it will be useful to us, nnt only by facilitating com- 
munication, but it is important also in a military point of view ; we could 
not obtain it by cession, though we were willing to give an equivalent ; 
but we want it, and we will have it. 

The State of Massachusetts, considering her right of sovereignty arid 
jurisdiction co-extensive with her title, did not anticipate any disturb- 
ance or intrusion, and did not consider herself under any necessity of 
<jultivating her whole territory, or of keeping up a military force for iti? 
protection ; relying upon the good faith which had appeared to manifest, 
itself on the part of the British in the negotiations and discussions be— 
tween them and the United States, and presuniing, also, that the Brittsb. 
whenever they were found to have crossed her lineij, would disavow 
the act and restore the country; she had, from time fo time, made grants 
of her unappropriated lands, as the same were sought for public and 
private purposes. She early granted Mais Hill to some of the soldieif 
of the Revolution. 

In September, 180G, Massachusetts conveyed two half townships, orte 
to Deeilield, and the other to VVesttield academies, lying west of the 



i/t) [ ; cniito I)oc. No. iTl. ] 

townslnp of iMars Hill, pursuant to a suivoy ami plan made in conformi- 
ty with the provisions ol" a resolve which iiad passed some time before. 
Jn December, 18U7, she conveyed one township lyina; on both sides of 
the Aroostook, and near the meridian line, irom the source of the St. 
Croix, according to a selection, survey, and plan, made under a resolve 
passed in .March, 180G. In January, 1808, she conveyed ten thousand 
acres lying west of the aforesaid township, and on both sides of the 
Aroos((>ok, pursuant to a survey and j^lan made under a resolve of 
March, 180G. Had (he residue of tenitory been applied for, she would 
have continued granting it, i:i large or small tracts, until she had grant- 
ed the whole, piovided the object of the grants had met her approba- 
tion. Hence she not only exercised sovereign power co-extensive with 
her title, but also individual acts of sovereignty, and to what extent she 
pleased. ^ , j 

The restrictive system adopted by the Government of the United | 
States, commencing about this period, checked the general business of 
the country, and at the san^e time allayed the spirit of improvement and 
settlement, and entirely put a stop to speculations in wild lands, and 
there being no more applications for grants of wild lands, she had no 
occasion to make them. The war succeeded, which still further check- 
ed the progress of improvement and settlement, and several years w^ere 
required to recover from the diversions occasioned by it ; hence, from a 
coincidence of circumstances, no grants were made. 

Entertaining no suspicion that any claim would be made by the Brit- 
ish, or discussed by the agents, inconsistent with everything which had 
transpired, and especially in all the correspondence which had preceded, 
and in the treaty of Ghent itself, she could have had no reason to pre- 
sume that claims would be made and urged which could infringe her 
rights of sovereignty and jurisdiction. Hence she leposed in perfect 
confidence, that the lines would be run and marked, and monuments 
erected, according to her title, as it had always been understood by her, 
and conceded by the British, and therefore made no inquiries to ascer- 
tain the claims urged, or the progress of the commission. In 1819, she 
passed the act of separation between her and the Distiict of Maine, 
which was approved by Congress the next session, and Maine was ad- 
initted into the Union as an independent State. By the act of separa- 
tion, Massachusetts retained the fee simple of a moiety of the wild lands, 
but the residue, and the entire sovereignty and jurisdiction, was vested 
in Maine. Maine having thus become an independent State, and more 
than three years having elapsed after the organization of the commission 
under the 5th article of the treaty of Ghent, a time more than sutlicient 
to have performed all which was submitted, and there being reports that 
the British agent was vigilant, and the American remiss, and that sur- 
veys were going on in (piarters wholly unanticipated, she of course be- 
came anxious, and had reason to fear the subject was taking a direction 
never in the contem[)l;>tion of the commissioners who negotiated, or in- 
volved in the treaty itself. 'I'he (iovernor of the Slate noticed the sub- 
ject in the fust message, which was delivered June 2, 1820, to both 
branches of the Legislature. He says, "what progress has been made 
under the 5th article of the British treaty in settling the eastern bound- 
ary of the State against the Province of New Brunswick, and the north- 



[ Senate Doc- No. 17 i. J I IT 

ern boundary against that of Lower Canada, I am unable to inform you. 
As this State and Massachu:;etts have so deep an interest in the settle- 
ment of these boundaries, there would seem to have been a propriety in 
the agent appointed on the part of the United States being taken from 
one of these two States. S^ut, under existing circumstances, you will 
consider whether the interest of the State docs not require from you 
the adoption of such arrangements as are best calculated to afTord the 
present agent such information in relation to this important subject as 
the people in this State have it in their power to give." 

The message was answered on the 12th of June, 18'i0, wherein it was, 
among other things, lesolved, " That the Governor of this State be re- 
quested to transmit to the President of the United States a copy of the 
resolve, accompanied with such representations in relation to this sub- 
ject as he shall think proper, and best calculated to elFect the object." 
The request was complied with by the Governor, v.'ho, in July, 1820, 
transmitted a copy of the resolve to the President, and, among other 
things, observed to him : " When it is considered that Massachusetts and 
Maine have tiie right of soil, that Maine has also a State jurisdiction, 
that the people here have not the honor of an acquaintance either with 
the commissioner or agent, and have not been advised of any reason for 
the delay to the present time, it will not be considered a matter of sur- 
prise that their extreme solicitude should be such as to render desirable 
infoimation on the subject so generally interesting." 

" It is not unknown to the people of this State that the British agent 
has been very attentive to the business in which he has been engaged, 
and that he has caused the country near the lines to be examined and 
explored in the most particular manner; while it is not understood that, 
comparatively, ;;.nything has been done on the part of the American 
agent. With impressions such as these, the boundary being an extensive 
one, it would be highly satisfactory to the people of this State, should 
it comport with the views of the Executive of the United States, to des- 
ignate a person to assist the present agent in his important duties, that 
the boundary may not only be more expeditiously, but more satisfacto- 
rily adjusted." 

The substance of the reply which was made appeared in the next 
message of the Governor. 

This year, in the exercise of their general powers of sovereignty and 
jurisdiction, the marshal of Maine, under a law of the United States, 
took the census of the inhabitants settled on the St. John river, and its 
tributary streams west of the meridian line from the monument at the 
source of the St. Croix, and the south line of the Province of Quebec, 
or Lower Canada. 

In the autumn of the year 1820, an agent was sent by the Governor 
and Council to explore the public lands upon the St. John, and its branches 
west of the meridian line from the monument ; which service he per- 
formed. 

The Governor again, in his message which was delivered January 11th, 
1821, to both branches of the Legislature, called their attention to the 
subject of the preservation of the timber on the public lands; and, after 
enumerating several places as the scenes of depredations, says: " It ap- 
pears that trespasses within our acknowledged territory, particularly on 



i 18 [ Si'nule Dor. No. I7I. | 

Ihe rivers Aroostook, De Chute, Piesquillc, and Meduxnekeag, comniit- 
teil by persons residing in the British Provinces, are very great. Ac- 
cordingly, aiiangenionts have hitely been adopted, with a view to j)reveiit 
sucIj piedalor} incursions in luture." 

lie also states that he forwarded the resolve of the prior session of the 
Legislature to the President and Secretary, transmitted a copy of the same 
to the American commissioners, who, in reply, " gave a reasonable ground 
of expectation that the final decision of the points in controversy respect- 
ing those lines would have been made in October last." And, from in- 
jorniation obtained iiom other sources, adds : " All reasonable hope of a 
speedy adjustment seems therefore to have vanished." 

The Governor after having received information that British subjects 
were trespassing on the timber lands of Maine and Massachusetts, on the 
Aroostook, appointed Benjamin J. Porter, Esq., with the advice of Coun- 
cil, to proceed immediately to that place, and to notify the persons whom 
he should find trespassing on the timber lands aforesaid, west of the line 
which had l)een run by order of the commissioners appointed by the 
United Stales and Gieat Britain, from the monument at the source of 
the St. Croix to the line of the Province of J^ower Canada, that if they 
would pay a proper consideration for the timber they had cut, and desist 
from any further depredation on that part of our territory, he was autho- 
rized to settle with them on those principles ; but if they declined, he was 
tlirected to proceed to Iloulton plantation, and adopt the necessary meas- 
ures, and obtain such assistance as, in his judgment, would be required 
to take the trespassers and their teams, and bring them to Iloulton plant- 
ation, and there keep them until the Executive could be advised of the 
measures adoj)ted. 

The agent, thus appointed and instructed, proceeded tQ the Aroostook, 
.ind found liritish subjects tres})assing there, with whom he settled, and 
received also the assurances requited, that they would not return, and 
•would desist fiom cutting the timber. 

TJie efl'orts thus far made not having produced the intended results, 
ihe Legislature, January 16th, 1822, passed a resolve, requesting the 
Senators and Representatives of this State in the Congiess of the United 
States to collect infoiination touching the causes of the ditlercnces be- 
tween the American and British commissioners under the treaty of Ghent, 
respectii;g the boundary line between this Stale and the British Prov- 
inces of l.,ower Canada ami Nova Scotia, and the extent and nature of 
the claims set up by the said British commissioners. The resolve was 
duly communicated. No progress was, however, made, and the object 
of the resolve was not answered. In February, 18?2, an agent was ap- 
poirued, with full |)ower to prc\ent trespassing upon the timber in the 
jiublic lands, on the Aroostook, Madiixnekrag and Presfpiille rivers, and 
their branches west of the mer idian line from the monument ; and he 
entered immediately upon the duties of his agency, and visited the 
places re(|uired, and accomplished the objects of his appointment. The 
subject is again recurred to, January lUth, 1824, by the Governor in his 
racssago, which led to no specific act on the part of the Legislature. 
January 7tb, 1825, the (iovernoi- again calls the attention of the Legisla- 
lure to Ihe subject of the nor ihea^^ter ri boundary ; stating, also, that he 
lutd undersloo.lj from respectable sources, that depredations had been 



[ Senate Doe. No. 1 7 I. J ll9 

committed on our timber lands on the Aroostook and Madawaska, and 
other streams emptying into the St. John ; and that, unless energetic 
measures are speedily adopted on the part of the State, our valuable lim- 
ber in that legion will be soon destroyed ; and that, from the represent- 
ations, the depredations were committed by British subjects. 

This led to an investigation, as far as the limited means possessed by 
the Government of this State permitted, and a lesolve passed January 
24th, 1825, among other things requesting the (iovernor of this State to 
correspond with the Governor of the Province of New Biunswick, rela- 
tive to the depredations which had been committed by British subjects 
on the timber on the public lands of this State, west of the boundary line 
between this State and the Province of New Brunswick, as heretofore 
recognised, and to ascertain whether that Government had authoi ized any 
persons to cut timber upon these lands or to settle thereon. 

The land agent of Maine was instructed, in conjunction with such per- 
son as should be designated by Massachusetts, or if none should be ap- 
pointed, without that agent, forthwith to take effectual measures to ascer- 
tain the extent of the depredations on the lands belonging to this State 
and Massachusetts, or on lands belonging to this State ; by whom the 
same have been committed, and under what authority, if any, such dep- 
predations were committed. 

Tiie Governor was also requested to forward each of the Senators and 
Representatives in Congress from this State, a copy of the report of the 
committee on the part of the Governor's message relative to depreda- 
tions on the public lands ; and of the resolves, and also to request them 
to take the necessary measures to obtain an early adjustment of the 
northeastern boundary of this State. 

The Governor enclosed and forwarded the same on the 25th of Jan- 
uary, 1825. During the same session of the Legislature, February 22d, 
1825, they passed a resolve respecting the settlers on the St. John and 
Madawaska rivers : " Whereas, there are a number of settlers on the 
undivided public lands on the St. John and Madawaska rivers, many of 
whom have resided thereon for more than thirty years ; therefore. Re- 
solved, That the land agent of this State, in conjunction with such agent 
as may be appointed for that purpose on the part of Massachusetts, be, 
and he is hereby, authorized and directed to make and execute good and 
sufficient deeds, conveying to such settlers in actual possession, as afore- 
said, their heirs and assigns, one hundied acres each, of land, by them 
possessed, to include the improvements on their respective lots, they 
paying the said agent, for the use of the State, five dollars each, and the 
expense of surveying the same." 

The Commonwealth of Massachusetts, June Uth, 1825, did provide 
by resolve, among other things : " Whereas there are a number of settlers 
on the St. John and Madawaska rivers, many of whom have resided 
there more than thirty years ; therefore. Resolved, That the land agent of 
this Commonwealth, in conjunction with such agent as has been or may 
be appointed for that purpose on the part of the State of Maine^ be, and 
the same is hereby, authorized and directed to m.ike good and sutTicient 
deeds, conveying to such settlers in actual possession as aforesaid, their 
heirs and assigns, one hundred acres each, of land, by them possessed, 
to include their improvements on their respective lots, they paying to 



120 



[ Senate Doc. Ko. i71. ] 



the said agent, for the use of this Commonwealth, fiv'e dollars each, and 
tiie expense of surveying the 5atne.'' 

The agents thus authorized did, in the autumn of that year, proceed 
up the St. John to the IMadawaska settlement, and thence to the mouth 
of the Marvumpticook, and surveyed, and conveyed, two lots ol land, on 
the 3d of October, to John Baket and James Bacon, citizens of this State. 
They had settled above the French neutrals on the St. John and its 
waters ; and at the time when the settlements on the lots were com- 
menced, there was no settlement within several miles of them. They 
also posted up notices, stating their authority, and proposing to give deeds, 
accoiding to the resolves under which they acted. 

Tliis year Maine and Massachusetts, in continuing their surveys of the 
the undivided lands, surveyed all which had not been previously done, 
and convened two ranges of townships on the meridian lino, running 
north from the monument at the source of the St. Croix, and above Mars 
Hill, to a place within a few miles of the liver St. John. The twa 
grants of .Massachusetts, made in December, 1807, to the town of Ply- 
mouth, and in January, 180S, to William Eaton, on the river Aroostook, 
according to surveys made in 1807, compose a pait of the ranges. 

In a letter bearing date ]May 23d, 1825, from the British minister at 
Washington to the Secretary of State (f the United States, in answer 
to his of the 27th March preceding, complaining of the encroachments 
of the inhabitants of New Brunswick, committed upon lands of Maine 
and Massachusetts, in cutting and eaiiying away timber within the bound- 
aries of those States; and the places where the trespasses were com- 
mitted, weie also described in the accompanying papers to be on the 
Aroostook and Madawaska rivers. 

The British minister, in reply, states that he had made inquiries of 
Sir Howard Douglas, the Governor of New Brunswick, and had been 
assured by him that the charge, as far as the Government of the Prov- 
inces was concerned, was unfounded, and that he should use his best 
endeavors to put a stop to practices in themselves so disgraceful. It was 
iuithei- stated by Sir Howard, "that in assuming the Government of New 
Brun^\\•ick, he found that licenses to cut timber, and other acts of sov- 
ereigtity, had long been exercised on the part of Great Britain over cer- 
tain tracts of land in which the Bistook," ( Aroostook,) " and Madawaska 
were included, heretofore well understood to belong to New Biunswick, 
but subsequently claimed by the commissioners of the United States ap- 
pointed to negotiate with the British commissioners for adjusting the 
boundaiy line ol' the respective Provinces; to these claims no disposition 
w as ever shown, on the })art of Great Britain, to accede." 

It is not supposed that Sir Howard intended to misrepresent facts, be- 
cause it would be entirely inconsistent with the honorable character 
Avhich he is supposed to .sustain ; but acquitted of that charge, his rep- 
resentations must lie attributed to ignorance of the subject, or want of 
research into the premises. Compaie the hisloiy of the negotiation of 
the provibional licaty of peace in 1782, the doings of the commissioners 
Uhdei- the olii aiticle of tin,' frc.ity of 1791 ; more especially the argu- 
ment of the British agent, and all the correspondence which preceded 
the lr<aty of (ihent, wherein the Biitish commissioners so often and so 
repeatedly ask the country, in which the Madawaska settlement is in- 



[ Senate Doc. No. 171. | 121 

eluded, as a cession, and are so often denied hy the American commis- 
sioners, on the ground that they possess no authorty to make a cession, 
and no further conimenl is necessary to show the falsify of his represent- 
ations. 

It is further said by Sir Howard : " In fact, by reference to documents 
in the possession of the British colonial department, it appears that the 
settlement at Madawaska, in the Province of New Brunswick, was made 
under a grant from the Crown upwards of thirty years ago ; so late as the 
year 1810, no claim had been advanced by the United States, although 
the settlement had been established at the time for upwards of twenty 
years, under a grant from the Government of New Brunswick, and had 
been constantly^dcsignated the Makawaska settlement." 

Admitting the fact, as to the antiquity of the settlement, to be as stated, 
giving the utmost extent to both modes of expression, it commenced 
under grants about the year 1790, long after the treaty of 1783. Unless 
the grants were within the Province of Nova Scotia, they were intru- 
sions. That they were not within the Province abundantly appears 
from all the documents before quoted in relation to the boundaries. No 
valid claim of national sovereignty can be based on such acts, in the forum 
of honor, conscience, or law. And no jurisdiction can, with any sem- 
blance of propriety, be claimed beyond the actual possession. It cannot, 
without violating the acknowledged principles in such cases, be extended 
by construction. If such were the facts, and the settlements had been 
made as early as 1790; if the British considered that they had any claim 
to the territory on that account, it is extraordinary that they should have 
been entirely overlooked by the Government, its ministers, and commis- 
sioners, and never have been discovered until 1817, or since that time ; 
more especially, when the treaty of 1794, and the discussions under the 
5th aiticle of it, wherein it was conceded that the line due north frona 
the source of the St. Croix, wherever it should be established, crossed 
the St. John to the line of the Government of Quebec ; and, by a ref- 
erence to the map, it will at once be seen that, had the most westerly 
point been adopted which the British agent contended for, that the Mad- 
awaska settlement is west of the meridian, and, at all events, within the 
United States. When, also, the subject of surveying the boundaries had 
been discussed on several occasions between that time and the treaty of 
Ghent, and when, also, during the whole discussion which led to the 
treaty of Ghent, that territory is sought as a cession, and with great per- 
severance, by a resort to every mode which circumstances or their own 
ingenuity suggested. 

But the facts, as stated, are not admitted ; the settlement at Madawaska 
did not succeed, but had preceded many years, grants which Sir How- 
ard states, and therefore cannot be said to be made under the grants. 
The settlement was made principally by French neutrals, whose 
ancestors had lived near the bay of Fundy previous to the Anierican 
Revolution. They, to avoid the British laws, moved up the river St. 
John to a place called St. Ann's, now Fredericton. After the close 
of the war, when the British established a town and military post at that 
place, and circumscribed them in their quarters, stimulated by their 
repugnance to the British, and desirous of living under their own 
regulations, they pursued their course up the river, and established 



122 [ Senate Doe. No. l7l. J 

themselves at Mailawaska, where they lived many years, probably entirely 
unknown to the world. Some of their countrymen joined them from 
Canada. IT the seftleis, or some of them, now have grants from the 
Province of New Brunswick, the reason for making such grants docs not 
now appear. The intention of the Ciovernment can I)e inferred only from 
the lacts disclosed ; from which it most clearly follows, that they did 
not, by the intrusion, consider themselves as extending their lights of 
property or jurisdiction, not having stated the fact for that purpose until 
long since the treaty of Ghent. If the fact had been relied on by them 
as giving any claim, the ministers who negotiated the treaty of Ghent, 
while they were endeavoring by every means in their power to obtain 
the teriitory in which the >iadawaska settlement is situated, by cession, 
would not have been guilty of the omission. 

Sir Howard still further says: "With regard to the timber cut by- 
British subjects on the river Bistook, (Aroostook,) the A'ery circum- 
stance of its having been seized by Mr. Porter, of the State of Maine, 
proves that the inhabitants of that State consider themselves as at full 
liberty to appropriate all the timber in that district to their own use. In 
truth, that territory is especially represented by the Senate of Maine, as 
lying within the acknowledged boundaries of that State. Now, this is 
notoriously not the fact ; the British Government contend that the 
northern boundary lino of the United States, running from the source of 
the river St. Croix to the highlands, is terminated at Mars Hill, which 
lies at the southwest of the Bistook, (Aroostook ;) at least, therefore, the 
British territory declared to be the undoubted property of the State of 
Maine is but a point in abeyance. Both parties claim, and, it appears, 
have exercised an equal right over it." 

That the British pretended any claim to the territory to the westward 
ol the meridian line from the source of the St. Croix, and southerly of 
the line of the Province of Quebec or Lower Canada, was totally un- 
known to the United States until long after the treaty of Ghent, and it 
seems to have been equally unknown to the British. The observation, 
" 'i'his was notoriously not the fact," can only apply to a period subsequent 
to the treaty; when it had been deemed proper by individuals and the 
subordinate agents of the British Government to acquire, by some means, 
the territory which they could not demand as a right. The above obser- 
vation does not apj)ear to be true, from anything which had transpired, 
of a public character, between the American and British Governments. 
Such |)re(ended and unfounded claims could not have been, and were 
not, anticipated. But, after all the pretensions, the claim and exercise 
of right he admits to be equal, which is extraordinary, when the whole is 
taken into consideration, and contrasted with the recent origin of and bold 
assumptions on which they are founded. 

It has alieady been shown that Massachusetts has made several grants 
befoie 1808, scjine of which were on the .Aroostook, near the meridian 
line, from the momnnent at the source of the river St. Croix, and that 
she and Maine had, in addition to their geneial jurisdiction, exercised all 
necessary acts of particular jurisdiction. And the British subjects found 
there committing depredations on the timber, by Mi-. Porter, were there 
as mere trespasseis, not claitning any right or authority from any source. 
It was not until long after this period that any persons were there und*»r 



[ benute J)uc. ^'o. I7l. ] 123 

licenses from the Province oi New Brunswick, which caused (he men- 
tion of it in (he Governor's message in January, 1825, The Bridsh 
claim, as (hey make it, is even void of |)huisil)ili(y ; (hey ought not to 
have chaimed the territory upon the BIstook, ( Aroostook,) and upper part 
i of the St. John and its tributary streams, as a part of the ancient Province 
i of Nova Scotia; but they ought to liave continued the line from Mars 
i Hill, eastward, to the bay of Chaleurs, and have insisted that that was 
I the northern line ; thereby yielding a part of Nova Scotia, and have left 
; (he upper part of the St. John and its tributaries, and the Kestigouche 
i river, in the Province of Quebec or Lower Canada ; and if, by that 
i means, they had violated one of their favorite principles of exposition, to 
1 wit, that tlie Province which has the mouth ought also to have the 
! sources of the river, still the whole would have been witliin the geneial 
sovereignty of Great Britain, one Province only gaining more than the 
other lost. Yet such a claim, though more plausible, by relieving them 
from the solecism of destroying the noithwest angle, or rather converting 
the northwest angle of Nova Scotia into a southwest angle, which can 
only be arrived at by running first north for more than forty miles from 
the monument, at the source of the river St. Croix, and then southwest- 
erly for more than one hundred miles, would have been no better, nor 
would it be based on a more solid or substantial authority. 

The British minister then observes: "The Governor of New Bruns- 
wick informs me he does not consider himself at liberty to altei-, in any 
way, the existing state of things, as far as regards the district above 
mentioned, but he assures me that he will take especial care to keep well 
within the limits of the line of duty marked out for him ; and, consider- 
ing the shape which this question is now assuming, he will feel it 
imperative on him to apply imt^iedlately for still more precise instructions 
for guidance of his conduct In a matter of so much delicacy." 

More notice has been taken of the foregoing letter than its importance 
otherwise demanded, on account of its being the first document of an 
oflBcial character in the archives of this State, which goes to show the 
British claim as it had been made by their agent under the 5th article of 
the treaty of Ghent. 

The Secretary of State, November 25, 1825, wrote the Governor of' 
this State, enclosing a copy of a note from the British minister to him, 
and a copy of a note from Sir Howard Douglas to the British minister. 
On the 25th of December, 1825, the Governor of this State transmitted 
the Secretary of State of the United States a letter, with a copy of the 
resolve of this State, respecting the settlers on the St. John and the- 
Madawaska rivers, under which ihe agent of the State acted ; a copy of 
the resolve of the Legislature of Massachusetts, respecting the same ; 
also, the report of the land agent of Maine, detailing particularly the 
transactions of the two agents under said resolves. From which report 
it appears that the land agents had pursued the authority given them by 
the resolves, and had not done some of the acts complained of by the 
British. 

The subject of the northeastern boundary was again noticed by the 
Governor in his message to both branches of the Legislature, the 7th of 
January, 1826, which was answered by the I^egislature in a report on 
the 17th of January, and a resolve on the 26th of January of the same 



1-Jl I" Senate Doc. No. I7l. ] 

year. " That the Governor, for the time being, be authorized and re- 
quested to take such measures as he may tliiiik expedient and ell'ectual, 
to procure I'oi the use of the State, coj)ies of all such maps, documents, 
publications, papers, and surveys, relating to the northeastern boundary 
of the United States, described in the treaty of 1783, and such other in- 
formation on that suL^'ect as he may deem necessary and useful for this 
Stale to be possessed of." 

" Tiiat the Governor of this State, in conjunction with the Governor 
of Massaciiusetts, (provided the said Commonv.ealth «hall concur in the 
measure, ) be authorized to cause the eastern and northeastern lines of the 
State of Maine to be explnred, and the monuments u})on these lines, 
mentioned in the treaty of 1783, to be ascertained in such a manner as 
may be deemed most expedient." 

The surveys of the unappropriated lands of Maine and Massachusetts 
were continued, and five ranges of townships were surveyed, and ex- 
tending from the line drawn \Nest from the monument, and extending from 
that line to Fish river, and near the i iver St. Jolin. 

The Fish river road, extending from the east branch of the Penobscot 
river, northwardly, to Fish river, was laid out also under the authority of 
the States. 

The resolve was communicated to the Senators of this State in the Con- 
gress of the United States, and enclosed by the Governor on the day of its 
passage. And there was procured, in consequence of it, a copy of the 
general mapcompih,d by the United States^ surveyors, from surveys made 
under the 5th article of the treaty of Ghent. 

The subject was again presented to both branches of the Legislature, by 
the Governor, in his n)essage,on the 4th of January, 1827 ; and the Gov- 
ernor also, by special message, communicated a letter from the Secretary 
of State of the United States, dated January 29, of the same year, accom- 
panied by a letter of Charles R. Vaughan, Esq., the British minister, dated 
Januai}- 7, 1827, wherein he complains of the acts of Maine and Massa- 
chusetts, in surveying and laying out townships and roads, and concludes 
by saying : " 1 think it advisable to make you acquainted, without delay, 
with the communication which I have received from the Lieutenant Gov- 
ernor of New Brunswick, whom I beg leave to assure you, cavttiously 
abslnins orr his part from exercising any authority in the disputed territory, 
which could invite encroachments as a measure of retaliation." All which 
were considered, and became the subject of a report in the Legislature on 
the 12ih day of February, 1827, and a resolve was passed thereon, on the 
23d day ol the same month, respecting the northeastern boundary of the 
State, to \\ it : . 

" Resolved^ That the (Governor be, and he is hereby, requested to take 
all such rneasur( s, both in accpiiring infor inntion and in procuring a 
speedy adjustment of the dispute, according to the treaty of 1783, as he 
may deem expe(lier)t and for the interest of the State." 

To this period, nothing of any importance had been obtained under- 
the resolves of the Slate, although they had been regularly communi- 
cated ; and all the irrfor rnation which was in possession of the Govern- 
ment of this State consisted in the few, and very few, copies of letters 
from the P)ritish minister, which had been elicited by the resohes of the 
Stale of Maine ; and beyortd tl'iat there was no official information of 



[ Senate Doc. No. 171. ] 1.5 

the proceedings of the commission under the 5lh aiticle of the treaty of 
Ghent, nor the chiims set up by the Hrilish, except what was derived 
from public reports, vaji;ue in their nature, and uncertain in their charac- 
ter. It was not until long after the commissioners had terminated their 
labors, that any official communication was made which tended to show 
the British claim ; and even that, from the looseness of its phraseology, 
seemed to convey no other distinct idea, than that the British, from 
causes known to themselves, claimed all the country north and west of 
Mars Hill, as a part of the ancient Province of Nova Scotia ; and even 
that did not appear until near the middle of the year 1825. The delay 
to give information to the State of Maine, when it had been so often re- 
quested, particularly in the letter of the Governor, of July, 1820, to the 
Executive of the United States, containing a request that some one might 
be added from the State of Maine to assist in the examination of the 
subject ; and considering that the sovereignty of the whole country to 
which the British had, in such an extraordinary manner, and so contrary 
to the discussions which preceded the treaty of Ghent, pretended a 
claim, was in Maine, and that the Government of the United States had 
no constitutional authority to cede any po. lion of an independent sover- 
eignty, directly or by construction, is certainly very extraordinary. And 
it cannot fail to appear extraordinary that the same policy on the part of 
the Government of the United States should be continued, when, by 
uniting Maine in the controversy, all reasonable ground of complaint on 
her part would have been removed ; at least, if she had in her sovereign 
capacity engaged in the controversy, she must have been concluded by 
the result. If she had mismanaged her concerns, that could never have 
been brought up as a reasonable cause of complaint against the United 
States. Maine, as she was in a state of profound ignorance, had no op- 
portunity to aid or assist the United States ; nor does she claim that she 
has a right to interfere in the course its Government chooses to adopt; 
but she has the right of reading the constitution of the United States, of 
judging for herself, and if she is deprived of the exercise of her sover- 
eignty and her property, she has a right to remonstrate and assert her 
rights ; and, by force of the original compact, she is entitled to the aid 
and assistance of the independent sovereignties constituting the United 
States, to reinstate her in that of which she has been deprived by an 
unjust and unconstitutional exercise of power. 

The promptness, decision, jjerseverance, and ability, with which the 
Governor has executed the request contained in the last resolve, merits 
the encomiums and approbation of the State. If further comment were 
necessary, the fact that all the information which had been so long but 
unsuccessfully sought, was obtaitred, speaks a language more satisfactory 
to him and the State than anything we could add. As to the positions 
taken arid maintained by the Governor, they must be in accordance with 
the views and common sense of the State, and we cannot present his 
discussions in a clearer or more acceptable light than to request a fair, 
candid, and impartial examination of them. With these remarks, and 
without further comment, the correspondence between him and the 
Government of the United States is annexed. 

Thus we have detailed, at some length, the principal facts and cir- 
cumstances touching the title and the extent of the title of the State to 



126 [Senate Doc. No. 171. J 

territory and jurisdiction ; from uhich it appears that our title is perfect 
to all ilio tonitory bounded by the southern line of the Province of 
Lower Canada, to wit : by the line drawn fioni the head of Connecticut 
liver, along the lands whicii limit the sources of the rivers that fall into 
the river St. Lawrence, to the head of the bay of Chaleurs, and west- 
ward of the line drawn due north from the source of the river St. 
Croix to that line, beinti; the line described and adopted by the Brit- 
ish Covernment long bcfoie the Revolution, and being the lines 
which are also described and adopted by the provisional and de- 
finitive treaties of peace. That the British Government have always, 
directly and indirectly, conceded our title, in all the negotiations and 
discussions on the subject, prior to the discussions under the 5th article 
of the treaty of Ghent, and made no claim of title founded on any in- 
trusion of theirs, the ministers, who sought it as a cession, not having 
urged or even stated the fact, except by way of allusion, and that Mas- 
sachusetts and Maine have always exercised jurisdiction according to 
tlie title of Maine, and have continued their progress of surveys, sales, 
and settlements, and other acts, and that the United States have al- 
ways exercised general jurisdiction, and did in 1820 exercise acts of ju- 
risdiction, as far as there was any occasion for it. That there was no 
reason, from any knowledge in possession of the United States, until 
very recently, and still more recently in possession of this State, more 
immediately interested, to suppose, that, if the British Government had 
crossed the above-described lines, she would not, as soon as the lines 
were surveyed, withdraw, and cease to commit like acts of intrusion; 
and it has also appeared, from representations made by the British minis- 
ter to the Secretary of State, " that the [lieutenant Governor of New 
Brunswick had given assurances that he would cautiously abstain from 
all acts of authority which could invite encroachments as a measure of 
retaliation." 

But, notwithstanding all these facts, circumstances, and assurances, 
.lohn Baker, a citizen of the State of Maine and the United States, was 
arrested in his own dwelling-house, situated on the land he purchased of 
and holds by the deed fiom Massachusetts and Maine, on a warrant and 
otiiei process s-rved by the sheriff of the county of York, accompanied 
by armed men, and in the night lime, at least before Baker had risen 
from his bed, and was carried to Fredeiicton, and thrown into prison, 
where he is now confined. Processes have also been served, within 
our ten itory, on the Aroostook, and the cattle and property of our citi- 
zens have been taken away by the civil officers of New Biunswick. 
Baker is charged, ainong other things, with an intrusion and trespass on 
tlie premises h(^ holds under Massachusetts and Maine. 

When the (Governor of this State had received notice that the sove- 
reignty of the Slate, by the officer of the Government of New Brunswick, 
had been violated, in the abduction and imprisonment of one of its citi- 
zens, and otiier acts, he issued his i)roclamation, and commissioned an 
agent of the State to procceil to the Province of New Brunswick, to in- 
(|uiie into the cause of the airest, and the other violations of the State 
sovereignly, and to demand ol tho (iovernment of New Brunswick the 
restoration of Baker; all which will more (idly appear in the documents 
annexed. The Governor has in this, with liis usual pronjptness, dis- 
cretion, and ability, performed his duty to the State and its citizens. 



[ Senate Doc. No. 1 71. J U7 

The agent, in prosecution of the object of his commission, proceeded to 
Fredericton, the capital of New Hrunswick, and notified the Govern- 
ment of his arrival and odicial capacity. lie was not received in his 
official capacity. From what cause that arose, whether from their own 
policy, or their misconstruction of the power and authority of the Gov- 
ernor of this State, is not certain. It seems to us there would have 
been no ol)jection to the recognition of the agent of this State, had his 
commission been only to demand a fugitive from justice, or that the 
Governor of New Brunswick would consider that he was transcending 
his power, were he to send an agent to this State to demand a fugitive 
from his own Government. Notwithstanding he was not received in an 
official character, we are happy to have it in our power to say that he 
was politely received by the gentlemen of the place. The object of his 
agency, therefore, so far as it related to the arrest and imprisonment of 
Baker, totally failed, as it did also in some other respects. 

His oflicial capacity embraced two objects : 

1st. To demand a delivery of persons. 

2d. To obtain public information. 

If not recognised for any other purpose, he might have been pf .mitted 
as a person authorized to inquire into the truth of facts, important to the 
rights of the people of the State and peace of the country. 

From all the facts, we cannot perceive on what ground they can jus- 
tify the violation of the State and national sovereignty in the arrest of 
Baker, on his own soil and freehold, which he holds in fee under the 
States of Massachusetts and Maine, and the other acts of their officers on 
the Aroostook. On the ground of title, they have no justification, and 
they can only justify themselves on the ground of a possession de facto^ 
which cannot by the acknowledged principles of law be extended be- 
yond actual occupation. In the case of Baker, the settlement on his lot 
was commenced not within even a possession de facto, feeble and slender 
as that would be ; and in relation to the Aroostook, there is not even a 
possession of any kind, unless it has been acquired by the lawless depre- 
dations of individuals, for which (hey have, from time to time, atoned by 
settlements with the agents of the State of Maine. Even the few who 
have settled on the Aroostook, settled there considering it to be within 
this State, and intending, also, to settle out of the Province of New Bruns- 
wick. The course pursued by the British must be acounted for on an- 
other principle than " a cautious abstinence of the exercise of authority 
which could invite encroachments as a measure of retaliation." 

When the British are thus attempting to extend their intrusion, and 
imprisoning and otherwise harassing by legal process citizens of Maine, 
they have constitutional claims on her protection ; and although Massa- 
chusetts and Maine, from the treaty of peace, have exercised the same 
jurisdiction over all the wild lands which had not been particularly ap- 
propriated for cultivation to this time, if such acts are repeated, it can- 
not be expected that Maine will be a quiet spectator. It will be her 
duty to enforce her laws within her own jurisdiction, and to protect her 
own rights and the rights of her citizens. 

The Government of the United States have a duty io perforin towards 
the State, and its citizens, not less tow;uds those who arc for cibly taken 
from the territory, and imprisoned, than towards those who are taken 



128 [ J^'enate Doc. No. l7l. | 

from the national marine. An agent has been sent to the Province of 
Nt'W Brunswick, \\ho has returneil, and \vc have a confidence that the 
whole business will be adjusted, and that the constitutional rights of the 
State, and the liberties and rights of the citizens, will be protected and 
preserved. 

Your committee, impressed with the importance of the subject to this 
State and the United States, and approving most cordially of the meas- 
ures taken by the Governor, believe, from the past, that the State has 
a well-founded assurance that its best interests will be protected, and its 
constitutional rights preserved, 

JOHN L. MEGQUIER, 
REUEL WILLIAMS, 
JOSHUA W. HATHAWAY, 
JOHN G. DEANE, 
HENRY W. FULLER, 
WILLI AiM VANCE, 
JOSHUA CARPENTER, 
RUFUS BURNHAM. 



STATE OF MAINE. 

House of Representatives, 

January 26, 1828. 
All which, with the annexed resolve and documents, is respectfully 
submitted, bv order the committee. 

JOHN G. DEANE. 



House of Representatives, 

February 14, 1828. 
This report was read, considered, and unanimously accepted. 
Sent up for concurrence. 

JOHN RUGGLES, Speaker. 
Attest : James L. Chilos, 

Clerk of the House of Representatives. 



I.\ Senate, February 16, 1828. 
This report was read, considered, and unanimously accepted, in con- 
currence with the House of Representatives. 

ROBERT P. DUNLAP, Prestrfcn/. 
Attest: Ebenezer Hutchinson, 

Secretary of the Senate. 



STAl E OF MAINE. 

A resolve relating to the northeastern boundary. 

Resolved^ That the Governor be, and he is hereby, requested to trans- 
mit a copy of the report of the committee to whom was referred so much 



f Senate Doc. No l7l. ] 129 

of his communication, made to the Lei;isl;iturc, as relates to the north- 
eastern boundary of this State, to the President of the United States, to 
the Governor of each State in the Union, and two copies to each of our 
Senators and Representatives in Congress, and each of our foreign am- 
bassadors ; and that one hundred and fifiy copies be at tlie disposal of the 
Governor. 

In the Mouse of REPRESENTA'rivKs, 

February IG, 1828. 
Read and passed. 

JOHN RU(;GLES,.S>efT/fer. 
Attest: James L. Chii.o, Clerk. 

In Senate, February 18, 1828. 
Read and passed. 

ROBERT P. DUNLAP, President. 
Attest : Ebenezer Hutchinson, Secretary. 

February 18, 1828. — Approved: 

ENOCH LINCOLN. 



APPENDIX. 



No. 1 



An extract from the grant of James I. to Sir William Alexander, (af- 
terwards Lord Sterling J passed September 10, 1G21. 

We do bj these presents give, grant, and convey, to the said Sir Wil- 
liam Alexander, his heirs and assigns, all and singula]- the lands upon the 
continent, and the islands situate, lying, and being in America, v/ithin 
the head or promontory commonly called Cape Sable, in the latitude of 
forty-three degrees, nearly, or thereabouts, fioni that promontory along 
the shore, stretching to the west to the bay commonly called St. Mary's 
bay, thence to the north, by a direct line crossing the entrance or mouth 
of the great bay, which extends eastward, between the countries of the 
Siroquois and Etchemins, so commonly called, to the river commonly 
called by the name of the Holy Cross, or the St. Croix, and to the fur- 
iherest source or spring upon the wesiern branch of the same, which first 
mingles its waters with those of the said river; thence, by an imagina- 
jy direct line, to he drawn or run through the country, or over the land 
to the north, to thehrst bay, river, or spring, em})tying itself into the great 
river of Canada ; and from thence, running to the east, along the shores 
of the said river of Canada, to the river, bay, or harbor, commonly called 
and known by the name of Gachepe or Gaspee ; and from thence, south- 
east, to the islands called Baccalaos or Cape Breton, leaving the s ime 
islands upon the right, and the gulf of the said river or bay of Canada, 
and Newfoundland, with the islands thereunto belonging, upon the left; 
and from thence to the head or promontory of Cape Breton aforesaid, 
lying near the latitude of forty-five degrees or thereal)outs, and from the 
9 



130 [ Seiiate Doc. No. 17I.J 

said promontory of Cape Breton, lo llic soiillnvaid ;iml uestuard to Cape 
Salile alort'said, the place ot" beirinninu;, including and tompiehending 
uilhin the said coasts and shores ol the sea, and tlie ciicumlercnces 
theieul, iVoui sea to sea, all the lands U|)on the continent, with the livers, 
Jorrenis, bays, shores, islar)(ls,or seas, lying near to or within six leagues 
iVoni any part theieol', on the western, northern, or eastern parts of ine 
said coasts and precincts of the same, and to the southeast where Cape 
Breton lies, and to the southward theieof where Cape Sable lies, all tlie 
sea^ and islands, to the south, within forty leagues of the said sliores, 
including the great island commonly called the Jsle of Sable or Sablon, 
lying southeast in the ocean, about thiity leagues from Cape Breton, 
afoiesaid, and being in the latitude of loity-four degrees, or thereabouts. 
All which lands aforesaid shall at all times hereafter be called and 
known by the name of Nova Scotia, or Is'ew Scotland, in America. And 
if any questions or doubts shall heieafter arise upon tlie interpretation or 
const! uction of any clause in the present letteis patent contained, they 
shall all be taken and interpreted in the most extensive sense, and in 
favor ol the said Sir William Alexander, his heirs and assigns aforesaid. 
Moreover, we, of our certain knowledge, our own proper motion, legal 
authoiity, and royal power, have made, united, annexed, erected,, 
created, and incorporated, and we do, by these our letters patent, make^ 
unite, annex, erect, create, and incorporate, the whole and entire Piovince 
and lands of Nova Scotia aforesaid, with all the limits thereof, seas, &c., 
otfjcers and jurisdictions, and all other things generally and specially 
above mentioned, into or.e entire and free dominion and barony, to be 
called at all times hereafter hv the aforesaid name of Nova Scotia. 



No. 2. 



Extract from the grant of Charles the 2d, to James, Duke of York, 
dated Munh 12, 1663. 

Know ye, that we, for divers good causes, &c., have, &c., and by these 
presents, &,c., do give and grant unto our dearest brother, .lames, Duke of 
York, his heirs and assigns, all that j)ai t of the main land of New England, 
heginniiig at a ceitain j)lace, called or known by the name of St. Croix, 
next adjoining to New Scotland, in America; and fiom tlience extend- 
ing along the sea coast unto a certain place called Pemaquie or Pemaquid, 
and so up the river thereof to the farthest head of the same, as it tendeth 
northvvaid ; and extending from thence to the river Kimbequin, and so 
upwaidy, by the shortest course, to the river of Canada, northward. And 
also all that island or i.-^iands commonly called by the se^■e^al name or 
names of Matowiicks or Long Island, situated, lying, and being, towards 
the webt of Cajjc C'od and the nairow Iligansots, abutting uj)on the 
main land between the two rivers, there called or known by the several 
names of Connecticut and Hudson's river ; together, also, with the said 
river, called Hudson's river, and all the lands from the west side of Con- 
necticut river to the east sidcol Dcdawarc bay. And also all those several 
islands called or known by the names of Martin's Vineyard, and Nan- 
(uk(;?, 0/ olhei wise Nantucket. 



[ Senate ])oc. No. 17I. ] 131 

No. 3. 

Exlrad from the Charter of the Province of the. MassachxiscUs Bay, in 
New England, dated 1th of October, IGOl, M William and Mary. 

William and Mary, by (he grace of God, King and (iucen of England, 
vScotland, France, and Ireland, defenders of tlie iaith, isic, to all to 
whom these presents siiall come, greeting: 

We do by these presents, for us, our heirs, and successors, will 
and ordain, that the territories and colonics, commonly called ot 
known by the names of the colony of the Massachusetts Bay and 
colony of Now Plymouth, the Province of Maine, and the territory 
called Acadie, or Nova Scotia, and all that tract of land, lying be- 
tween the said territories of Nova Scotia and the said Province of 
Maine, be erected, united, and incorporated ; and we do, by these 
presents, unite, erect, and incorporate the same into one real Prov- 
ince, by the name of our Province of the Massachusetts Bay in New 
England; and of our especial grace, certain knowledge, and mere mo- 
tion, we have given and granted, and by these presents, for us, our heirs, 
and successors, do give and grant, unto our good subjects, the inhabit- 
ants of our said Province or Territory of Massachusetts Bay, and their _ 
successors, all that part of New England in America, lying and extend;, 
ing from the great river, commonly called Monoraack, alias Merrimack, 
on the north part, and from three miles northward of the said river to 
the Atlantic, or western sea or ocean, on the south part, and all the lands 
and hereditaments whatever, lying within the limits aforesaid, and ex- 
tending as far as the outermost points or promontories of land called 
Cape Cod and Cape Malabar, north and south, and in latitude, breadth, 
and in length and longitude, of and within all the breadth and compass 
aforesaid, throughout the main land there, from the said Atlantic o? 
western sea and ocean, on the east part, towaids the south Sfta, or \yGst- 
ward, as far as our colonies of Rhode Island, Connecticut, and t!)e Nara- 
gansett country; and, also, all that part and portion of main land, begin- ' 
ning at the entrance of Piscataqua harbor, and so to pass up the same 
into the river of Newichwannock, and through the same into the farthest 
head thereof, and from thence northwestward, till one hundred and 
twenty miles be tinished, and from Piscataqua harbor mouth aforesaid, 
northeastward, along the sea coast to Sagadchock,* and from the period 
of one hundred and twenty miles aforesaid, to cross over land from Pis- 
cataqua harbor, through Newichwannock river; and also the north hall 
of the Isles of Shoals, together with the Isles of Capawack and Nan- 
tucket, near Cape Cod aforesaid ; and also the lands and hereditaments 
lying and being in the country or territory commonly called Acadie, or 
Nova Scotia ; and all those lands and hereditaments lying and extending 
between the said country or territory of Nova Scotia, and the said river 
of Sagadehock, or any part theieof. 

* The follasvi!i!:,r wonU, viz : "Anci ii[) tlic nver itier. ol m tlie Knybecky river, and llirouKii 
the same 10 the iiead tliereof, aivl under the land nortinvesi ward, until one hundred aiid 
twenty miles he ended, heiiig accounted fium ihe riunth of Sagadchock," us inserted m 
George's ijriints (iVoin which tlu- descriptive part of the honiularies of Maine, in this charter, 
is taken,) appeiir tohave been inadvcrLnlly oni.tteil, bcin^ nc cessar) to render those hound- 
aries intelligible; and should fallow the word Sajarlcliocl:, to which the asterisk is affixed. 



132 [ Senate Doe. No. l7L | 

That it shall and may be lawful for the said Governor and General 
Asseniblv to niaUe or pass any grant of lands lying within the boiimls of 
the colonies, formerly called the colonies ot the Massachusetts Bay, and 
New Plymouth, and Province ot Maine, in such manner as heietofore 
they might iiave done by virtue of any former charter or letters j^alent; 
which grants of lands, within t'he bounds aforesaid, we do hereby will 
and ordain to he and continue forever of full force and effect, without 
our further approbation or consent. And so as nevertheless, and it is 
our royal will and pleasure, that no grant or grants of any lands lying or 
cxtentling from the river ol Sagadehock to the gulf of St. Lawrence and 
Canada riveis, and to the main sea northward and eastward, to be made 
or passed by the Governor and General Assembly of our said Province, be 
of any force, validity, or efieet, until we, our heirs, or successors, shall 
have signified our approbation of the same. 



No. 4. 



Copy of Colonel Phillipps's Commission /or the Government of Nova 

Scotia, 1719. 

George, by the grace of God, &c. — To our trusty and well beloved 
Richard Phillipps, Esquire, greeting : 

Know ye, that we, reposing especial trust and confidence in the pru- 
dence, courage, and loyalty of you, the said Richard Phillipps, out of our 
especial grace, certain knowledge, and mere motion, have thought fit to 
constitute and appoint, and by these presents do constitute and appoint 
you, the said Richaid Phillipps, to be our Governor of Placentia, in New- 
foundland; and our Captain-general and Governor-in-chief in and over 
our Province of Nova Scotia, or Acadie, in Ameiica: and we do hereby 
require and command you to do and execute all things in due manner, 
that shall belong unto your said command, and the trust we have reposed 
in you, according to the several jjowers and diiections granted or ap- 
pointed you by this i)resent commission, and the instructions herewith 
given you, or by such further powers, instructions, or authorities, as shall 
at any time hereafter be granted or appointed you, under our signet and 
sign manual, or by our order in our privy council, and according to such 
reasonable laws and statutes liS shall herealter be made and assented to 
by you, with the advice and consent ol our Council and Assembly of our 
said Province, hereafter to be apfjointcd. 

And lor the better administration ol" justice and management of the 
public aiiairs of our Province, we hereby give and grant unto you, the 
said Richard Phillipps, lull power and authority to choose, nominate, 
and appoint, such fitlir.'g and discreet persons as you shall either find 
there or carry along with you, not exceeding the number of twelve, to 
be of our Council in our s.iid Provit)ce, till our lurther pleasure be known, 
and five whereof we do luicby appoint to be a (juorum. 



[ Senate Doc. No. 17 h ] 133 

No. 5. 

Draught of a Coimnission for the honorable Colonel Cornwallis, to be 
Governor of Nova Scotia, April 29, 1749. 

Georj;;c the Second, by tlie grace of God, of Great Britain, France, and 
Ireland, Kina;, del'endcr of the faith, &c. To our trusty and well be- 
loved, the honorable Edward Cornwallis, Esquire, greeting: 

Whereas, we did by our letters patent, under our great seal of Great 
Britain, bearing date at Westminster, the 11th day of September, in the 
second year of our reign, constitute and appoint Richard Phillipps, Es- 
quire, our Captain-general and Govcrnor-in-chicf, in and over our Prov- 
ince of Nova Scotia, or Acadie, in America, with all the rights, members, 
and appurtenances, whatever, thereunto belonging, for, and during our 
will and pleasure, as by the said recited letters patent, relation being 
thereunto had, n^ay more fully and at large aj)pear : Now, know you, 
that we have revoked and determined, and, by these presents, do revoke 
and determine, the said recited letters patent, and every clause, article, 
and thing, therein contained ; and further know you, that we, reposing 
especial trust and confidence in the prudence, courage, and loyalty, of 
you, the said Edward Cornwallis, of our especial grace, certain knowl- 
edge, and mere motion, have thought fit to constitute and appoint, and 
by these presents do constitute and appoint, you, the said Edward Corn- 
wallis, to be our Captain-general and Governor-in-chief, in and over the 
Province of Nova Scoti^i, or Acadie, in America, with all the rights, 
members, and appurtenances, whatever, thereunto belonging. 

March 18, 1752. The commission given to Peregrine Thomas Hop- 
son, as Governor of the Province of Nova Scotia, is the same, mutatis 
mutandis, as that given to Edward Cornwallis, Esquire. 



No. 6. 



Extract from the Proclamation of the King of Great Britain, of the lih 
of October, 17G3, establishing four Governments. 

BY THE KING : A PROCLAMATIOX. 
George R. 

Whereas, we have taken into our royal consideration the extensive 
and valuable acquisitions in America, secured to our Crown by the 
late definitive treaty of peace, concluded at Paris the 10th day of Feb- 
ruary last ; and being desirous that all our loving subjects, as well ot our 
kingdoms as of our "colonies in America, may avail themselves, with all 
convenient speed, of the great benefits and advantages which must ac- 
crue therefrom to their commerce, manufactures, and navigation; we 
have thought fit, with the advice of our privy council, to issue this our 
royal proclamation, hereby to publish and declare to all our loving sub- 
jects, that we have, with the advice of our said privy council, gt anted 
our letters patent, under our great seal of Great Britain, to erect within 



134 [ Senate Doc. No. 171. J 

the cciundies and islands, ceded and confirmed to us by the said tieaty, 
four distinct and separate Ciovernments, styled and called by the Jiames 
of Quebec, East Florida, West Florida, and Grenada, and limited and 
bonnilcd as follows, viz: 

Fiist, (lie Government of (^uohec, bounded on the Labrador coast by 
the river St. John, and fiom ihence, by a line drawn from the head of 
that river, through the Lake St. John, to the south end of the Lake Nipis- 
sim ; fiom thence the said line crossing the liver St. Lawrence and the 
Lake Champlain in forty-five degrees of north latitude, passes along the 
highlands which divide the rivers that empty themselves into the said 
St. Lawrence from those which fall into the sea ; and also along the north 
coast of the baye des Clialeurs, and the coast of the gulf of St. Law- 
rence to Cape Rosieres, and fiom thence, crossing the mouth of the river 
St. Lawience, by the west end of the island of Anticosti, terminates at 
the afoi-esaid river St. John. 

Rqrresentation to his Majesty, with the drought of a commission for 
Charles Lawrence, Esq., to be Governor of Nova Scotia. 

To the King's most excellent Majesty. 

3/fl7/ it please your Majesty : 

In obedience to your Majesty's Order in Council, dated the ISth in- 
stant, we have prepared the draught of a commission for Charles Law- 
rence, Esq. to be Captain -general and Governor-in-chief of your Ma- 
jesty's I'rovince of Nova Scotia, in Amciica, which being in the usual 
form, we herewith humbly lay it before your Majesty, and shall prepare 
the necessary instructions for him with all possible despatch. 

Which is most humbly submitted. 

DUNK HALIFAX, 
J. PITT, 



JAMES OSWALD, 
ANDREW STONE. 



WniTKHALr-, December 18, 1755. 



No. 7. 

Governor Ellis''s Commission, Ajnil 1, 17GI. 

George the Third, by the grace of God, of Great Britain, France, and 
Itelnnd, King, defender of the faith, cic. To our trusty and well be- 
loved llcnry Ellis, greeting: 

Whereas our late royal grandfather, of blessed memory, did, by his let- 
ters |)atent, under the great seal of (iieat Britain, bearing date at West- 
Jiiinster, the day of , in the year of his reign, con- 
stitute and appoint Charles Lawrence, Es(j., Captain-general and Govern 
or-in-chicf in and over our I-'io\ince of Nova Scotia, or Acadio, in Amer- 
ica, with all the i ights, members, and ap|)iirtenances, whatever, thereunto 
belonging, foi- and during his lati; Miijosty's \\\\\ ■,\v\i\ pleasure^, as by the 
said recited letters patent, relation being ihcreunlo hud, may more fully 



[ Sennto Doc. No. 17(. J 135 

and at larp;c appear : Now know you, that wo have revoked and deter- 
mined, and by these presents do revoke and determine, the said recited 
letters patent, and every chxuse, article, and thini;, therein contained : and 
further know you, that we, reposing especial trust and confidence in the 
prudence, courage, and loyalty, of you, the said Henry Ellis, Esq., oi our 
especial grace, certain knowledge, and mere motion, have thought fit to 
constitute and appoint, and by these presents do constitute and appoint, 
you, the said Henry Ellis, to be our Captain-general and Governor-in- 
chief in and over our Province of Nova Scotia, or Acadie, in America, 
with all the rights, members, and appurtenances, whatever, thereunto be- 
longing. 



No. 8. 

Draught of a Commission for Montague Wilmot, Esq., to be Governor 
of Nova Scotia, dated October, 1763. 

Cieorge the Third, by the grace of God, of Great Britain, France, and 
Ireland, King, defender of the faith, &c. To our trusty and well be- 
loved Montague Wilmot, E.sq., greeting. 

Whereas we did, by our letters patent, under the great seal of Great 

Britain, dated at Westminster, the day of , in the first 

year of our leign, constitute and appoint Henry Ellis, Esq., Captain- 
general and Governor-in-chief in and over our Province of Nova Sco- 
tia, or Acadie, in America, with all the rights, members, and appurten- 
ances, thereunto belonging, for and during our will and pleasure, as by 
the said recited letters patent, relation being thereunto had, may more 
fully and at large appear : Nov/ know you, that we have revoked and 
determined, and by these presents do revoke and determine, the said 
recited letters patent, and every clause, article, and thing, therein con- 
tained. 

And further know you, that we, reposing especial trust and confi- 
dence in the prudence, courage, and loyalty, of you, the said Montague 
Wilmot, of our especial grace, certain knowledge, and mere motion, have 
thought fit to constitute and appoint, and by these presents we do con- 
stitute and appoint, you, the said Montague Wilmot, to be our Captain- 
general and Governor-in-chicf in and over our Province of Nova Sco- 
tia, bounded on the westward by a line drawn from Cape Sable across 
the entrance of the bay of Fundy, to the mouth of the river St. Croix, 
by the said river to its source, and by a line drawn due north from 
thence to the southern boundary of our Province of Quebec, to the 
northward by the same boundary, as far as the western extremity ol the 
baye des Chaleurs. To the eastward, by the said bay and the gulf of 
St. Lav.rence, to the cape or promontory called Cape Breton, in the 
island of the same name, including that island, the island of St. John, and 
all other islands within sis. leagues of the coast, and to the southward by 
the Atlantic ocean, from said'cape to Cape Sable aforesaid, including 
the island of that name, and all other islands within forty leagues of the 
coast, with all the rights, members, and appurtenances, whatsoever, llicre- 
unto belonging. 



136 [Senate Doc. No. 171.] 

No. 9. 

Governor Leg/^c'S Commission. 

George the 'riiiid, by the giaco of God, ol Great Britain, France, and 
Ireland, King, defenilor ot" the faith, &:c. 'I'o our trusty and well be- 
loved Francis Legge, Esq., greeting: 

Whereas we did, by our letters patent, under our great seal of Great 
Britain, bearing date at Westminster, the eleventh day of August, in the 
sixth year of our reign, constitute and appoint William Campbell, Es(j., 
commonly called Lord William Campbell, Captain-general and Govern- 
or-in-chief in and over our Province of Nova Scotia, in America, 
bounded on the westward by a line drawn from Cape Sable across the 
entrance of the bay of Fundy, to the mouth of the river St. Croix, by- 
said river to its source, and by a line drawn due north from thence to 
the southern boundary of our colony of Quebec ; to the northward, by the 
said boundary, as far as the western extremity of the baye des Chaleurs; 
to the eastward by the said bay, and the gulf of St. Lawrence, to the 
cape or promontory called Cape Breton, in the island of that name, in- 
cludir.g that island, the it-land of St. John, and all other islands within 
six leagues of the coast; and to the southward by the Atlantic ocean, 
from the said cape to Cape S;iblc aforesaid, including the island of that 
name, and all othei- islands within forty leagues ol" the coast, with all the 
rights, mend)ers, and ap})urtenances, whatsoever, thereunto belonging, 
for and during our will and pleasure, as by the said recited letters pat- 
ent, relation being thereunto had, may more fully and at large appear. 
Now, know you, that we have revoked and determined, and by these 
presents do revoke and determine, the Sidd recited letteis patent, and 
every clause, article, and thing, therein contained ; and further know 
you, that we, reposing especial confidence and trust in the prudence, 
courage, and loyalty, of you, the said Francis Legge, of our especial 
grace, certain knowledge, and mere motion, we have thought fit to con- 
stitute and appoint you, the said Francis Legge, to be our (Japtaingene- 
ral and Governor-in-chief of our said Province of Nova Scotia, bounded 
on the westwaril by a line drawn from Cape Sable across the cntiance 
of the bay of Fundy, to the mouth of the river St. Croix, by the said 
rivei to its source, and by a line drawn due north from thence to the 
southern boundary of our colony of Quebec ; to the northward, by the 
said boundary, as far as the western extremity of the baye des Chaleurs ; 
to the eastward by the said bay, and the gulf of St. Lawrence, to the 
cape or promontory called Cape l^reton, in the island of that nan)e, in- 
cluding that island, and all oihei- islands icilliin .six leagues of the const, 
excepting our said island of St. John, which we have thought fit to erect 
into a separate (Government ; and to the soutinvard by the Atlantic 
ocean, from the said cape to Cape Sable aforesaid, including the island 
of that n.ime, arxl all other islands within forty leagues of the const, with 
all the rights, members, and a|)pui tenances, whatsoever, thereunto be- 
longing. 

And we do hcrc!)y ic'(|nire and command you to do and execute all 
things, in due manner, that shall belong unto your said command, and 
the trust we have iej)oscd in you, according to the several powers and 



[Senate Ddc. No. 171.] 137 

authorities granted or appointed you by the present commission, and the 
instructions lierewith «^ivcn you, or by such further powers, instructions, 
and authorities, as shall, at any time hereafter, be granted or appointed 
you under our signet and sign manual, or by our order in our privy coun- 
cil, and according to such leasonable h\vs and statutes as are now in 
force, or shall hereafter be made or agreed upon by you, with the advice 
and consent of our Council, and the Assembly of our said I-*iovince un- 
i der your Government, in such manner and ibrm as is hereafter expressed. 



No. 10. 



The act of Ike Erilish Parliament^ of the \\th. year of George 2d, 1774, 
relating to the Province of Quebec, provides as follows : 

That all the territories, islands, and countries, in North America, be- 
longing to the Crown of Great Britain, bounded on the south by a line 
from the bay of Chaleurs along the highlands which divide the riveis 
which empty themselves into the river St. Lawrence from those which 
AUl into the sea ; to a point in the 45th degree of noith latitude on the 
eastein branch of the river Connecticut, keeping the same latitude di- 
rectly west through Lake Champlain, until, in the same latitude, it meets 
the river St. Lawrence; from thence up the eastern bank of said river to 
Lake Ontario ; thence through the Lake Ontario, and the river com- 
jnonly called Niagara; and thence along by the eastern and southeastern 
bank of Lake Erie, following the said bank until the same shell be in- 
tersected by the northern boundary granted by the charter of the Prov- 
ince of Pennsylvania, in case the same shall be so intersected; and from 
thence along the said north and west boundary of the said Province, until 
the said western boundary strikes the Ohio ; but in case the said bank of 
said lake shall not be found to be so intersected, then following the said 
bat k until it shall arrive at that point of the said bank which shall be 
neatest to the northwest angle of the said Province of Pennsylvania, and 
thence by a right line to the said northwest angle of said Province, and 
thence along tlie western boundary of said Province until it strikes the 
Ohio, and along thft bank of the said liver, westward, to the bank of the 
I^Iississippi, and north to the soutliern boundary of the territoiy granted 
to the merchants, adventurers of England, trading to Hudson's bay ; and, 
also, all such territories, islands, and countries, which have, since the 
lOlh day of February, 1763, been made part of the Government of New- 
foundland, be, and they are hereby, during his Majesty's pleasure, an- 
nexed to and made a part of the Province of (Quebec, as created and 
established by the said royal proclamation ot the 7th of October, 1763. 



138 I Senate Doc. No. 171. | 

No. 11. 

Extract from the British As;cnt\<i argument before the Commissioners 
under the fifth article of the treat}/ of amity, commerce, and naviga- 
tion, concluded between the United States and Great Britain, at Lon- 
don, November 19, 1794. 

Hy the 12th section of the act, entitled " An act to restrain the trade 
and commerce of the Province of Massachusetts Bay and New Hamp- 
shire, and colonies of Connecticut, and Rhode Island and Providence 
Plantations, in North America, to Great Britain, Ireland, and the British 
islands in the West Indies ; and to prohibit such provinces and colonies 
fiom carrying on any fishing on the banks of Newfoundland, or other 
places therein mentioned, under certain conditions and limitations;" 
they say, it is provided and enacted, " that the river which emptieth it- 
self into Passamacadie or Passamaquaddy bay on the western side, and 
is commonly called or known by the name of St. Croix river, be held 
and deemed, for all the purposes in this act contained, to be the bound- 
ary line between the Piovinces ot Massachusetts Bay and Nova Scotia." 

This act creates no new boundary ; it merely recognises, confirms, and 
establishes, the river St. Croix as a boundary between the Provinces of 
Nova Scotia, in the patent to Sir William Alexander, in 1621 ; which 
was agreed upon, settled, known, and acknowledged, as the boundary 
between the Province of Nova Scotia and the territory of New England, 
granted to the Council of Plymouth in the year 1620, which, after the 
surrender of their grand charter, was the boundary between Nova Sco- 
tia and the teiritory granted tt) the Duke of York, in 1664, which was 
recognised as the western boundary of Nova Scotia, by the charter of 
William and Mary to the Province of Massachusetts Bay, in 1691, and 
which, from the treaty of Utrecht, in 1713, was the boundary between 
the Provinces of Massachusetts Bay and Nova Scotia, received and es- 
tablished by the Crown, and known, acknowledged, and acquiesced in 
by the Government of Massachusetts Bay. 

That from the time of the passing of this act of Parliament, in 1774, 
the boundaries of the Province of Nova Scotia remained unaltered to 
the treaty of peace, in 1783, will not, it is presumed, be denied. And 
it will not be diflScult now to show that the river Scoudiae, under the 
name of the river St. Croix, formed a part of the boundary dcsciil)ed in 
that treaty. 

It is sullicient here to observe, that at the time the treaty of peace was 
made, in 178.'}, the Provinces of Quebec and Nova Scotia belonged to 
and were in the possession of the Crown of Great Britain, and that his 
Britannic Majesty, at that time, had an undoubted right to cede to the 
United States of America such part of these territories as he might think 
fit ; and that in making the cession of the territoiy comprised within the 
boundaries of the United States, as described in the second article of the 
treaty of j)eace, his Majesty must be supposed to have used the terms de- 
scribing these bouiid;ui(s in the sense in which they had been uniformly 
understood in the British nation, and recognised in public documents and 
acts of (Government. In this sense, and in no other, could they have then 
been understood, or can they now be claimed or insisted upon by the 



[Senate Doc. No. 171. J 130 

United States. In this sense, and in no other, is his Majesty hfiund to 
give tlie possession. Whatever liver was at that time known and re- 
cognised by his Majesty and the Hiitish (iovernment as the river St. 
Croix, forming a boundary between the Province of Massachusetts Bay 
and Nova Scotia, that liver, and no other, can now be churned as a part 
of the eastern boundary of the United States. It is suliicient, that in this 
act of Parliament the river St. Croix is described by a particular location 
and boundaries which cannot be mistaken, known to both paities at the 
time, and assented to on the pait of the United States by their accepting 
the act, and nut giving any local designation of the river which they now 
claim, or of any other river than that thus ascertained by precise descrip- 
tion, and known by them to have been established, and at the time con- 
templated by Great Britain, as the boundary between the Provinces. 

If this principle were once departed from, there would be no check to 
construction on the subject, though it would be fortunate to his Majesty's 
interests if he were not thus bound, as it might be clearly shown, in that 
case, that the river Penobscot, once, indiscriminately with other rivers 
upon this coast, called the St. Croix, was the true boundary, by which 
Nova Scotia or Acadie was ceded to his Majesty, by the treaty of Utrecht, 
and ought in such case, by the principles of the law of nations, to be es- 
tablished as the eastern boundary of the United States. 

But the words in the 12th section of the act of Parliament, above re- 
cited, do not in anywise relate to, or suppose, any subsisting doubts about 
the locality or identity of the river called or known by the name of the 
St. Croix river, but have reference, as has been fully shown, to the an- 
cient limits of the Province of Nova Scotia, as establislied by the original 
grant of it to Sir William Alexander, fiom King James the first, in the 
year 1G21, recognised in all subsequent public documents and transac- 
tions relating thereto, and claimed by the Province of Massachusetts Bay 
as their eastern boundary, under the charter of King William and Queen 
Mary, in 1691. 

EXTRACT, &C. 

The most accustomed and convenient rule in cases of this kind is to 
leave to each Power, respectively, the sources of those rivers that empty 
themselves, or whose mouths are within its territory upon the seacoast, 
if it can be done consistently with, or in conformity with the intent of the 
treaty. If it can be shown that this rule, in the present case, can be 
adopted consistently with what has been shown to be the intent of the 
treaty, it will form an unanswerable argument in favor of a compliance 
with the rule, more especially if a difl'erent .construction will involve the 
inconveniences intended to be avoided by so just a principle of interpre- 
tation. 

Let us in this view attend to the words made use of in the treaty de- 
scribing the first station or boundary from which all the other boundaries 
of the United States are to be traced, viz : from the northwest angle of 
Nova Scotia, viz : That angle which is formed by a lino drawn due 
north from the source of St. Croix river to the highlands which di- 
vide those rivers that empty themselves into the river St. Laurence 
from those which fall into the Atlantic ocean. It appears from a map 
actually compiled in most instances from actual surveys, an authentic copy 



UO [ Senate Doc. No. 171. ] 

of which is now hcfoie the hoard, that a line drawn due noith fiom tlic 
soiuce of the Cheputnatocook river, or r.oithern branch of the river j 
Scoudiac or St. Croix, will not intersect the highlands here described, ' 
but will intersect the river Resti}z;ouche, which empties itself into tlie 
hay of Chaleiirs, which falls into the gulf of St. Lawrence, and will also 
intersect the Metabediac lake, ^\hich is the head or souice of the rive r 
likewise falling into the bay of Chaleiirs. In addition, therefore, to the 
argument drawn from the incon\'cnience resulting from its cutting olF the 
sources of these rivers, which discharge themselves within the British 
territory upon the scacoast, the source of (his branch of the Scoudiac or 
St. Croix cannot be the source intended by the treaty of peace, because 
in such case we cannot arrive at the northwest angle of Nova Scotia, 
which is the fust bound or station upon which the other boundaries de- 
pend, as they must be traced from thence, that is to say, " that angle which 
is found by a line drawn due north from the source of St. Croix river to 
the highlands which divide those rivers that empty themselves into the 
river St. Lawrence from those which fall into the Atlantic ocean." For, 
if the fact he as above stated, should a line he traced due north from the 
source of the Cheputnatecook, if the highlands in such case are on this 
side or to the southward of the river Restitcouche, they w ill divide the 
rivers that lall into the Atlantic ocean, or bay of Fundy, from those that 
fall into the gulf of St. Lawrence ; if they are between the river Resti- 
gouche and the Metabediac lake, they will divide the rivers which, from 
different sources, unite and fall into the gulf c( St. Lawrence ; if they 
are beyond this lake, they will divide the rivers w hich fall into the gulf 
of St. Lawrence from those which fall into the river St. Lawrence ; the 
requisite angle, therefore, ^vill not be found u|)on this line. But if a line 
is traced due north from the source of the western or main branch of 'he 
river Scoudiac or St. Croix, it will run to the westward of the sources of 
all the rivers that fall into the gulf of St. Lawrence, and Avill strike the 
highlands which divide the rivers that fall into the Atlantic ocean from 
those which empty themselves into the river St. Lawrence, and conse- 
(jueiitly give the requisite angle or fust bound. 

'i here is certainly a clear distinction in the grant to Sir William Alex- 
ander between the river St. Lawrence and the gulf of St. Lawrence, or 
rather of Canada ; the boundary line by this grant, after striking that 
river, is to follow the course of it eastward to Gaspee, which lies to the 
northward of the bay of Chaleurs, and afterwards the gulf is mentioned, 
and the words made use of in the grant seem (o import a considerable dis- 
tance eastward, between the line where it strikes the livcr of Canada or 
St. Lawrence and Gaspee. 

it is far from being certain that the ridge of highlands which divides 
the rivers that empty themselves into the river St. Lawrence i'rom those 
which fall into the Atlantic ocean is continued to the eastward of the 
sources of the rivers which fall into the gulf of St. Lawrence ; but wheth- 
er thus continued oi- not, tht; inlorence is clear, from the foregoing facts 
and reasoning, that neither the Cheputnatecook, nor consecpiently the 
Magaguadavic, or any other river whose source is eastward of the source 
of the Cheputnatecook, can be the river intended under the name of the 
river St. Croix in the treaty of peace. 

But to apply these facts to the point more immediately under consider- 



[i^'ciiate Doc No 17i. | Ml 

ation, whether a line due north from the souicc of the wcstein or main 
hianch of the river Scoudiac or St. Croix, will leave to each oi" the i)artios 
to the treaty the sources oi" tliose rivers that ctni>ty themselves or whose 
mouths are within its territory, upon the seacoast, respectively. 

The cfi'ect, so far as it rcj^ards the United States, is completely secured 
by the treaty, in all events ; and thence we have further reason to suppose 
it was intended to he reciprocal in this respect, if a just interpretation 
will warrant it. 

A line due north from the source of the western or main branch of the 
Scoudiac or St. Croix will fully secure this effect to the United States 
in every instance, and also to Great Uritain, in all instances except in that 
of the river St. John, wherein it becomes impossible., by reason that the 
sources of this river are to the westward, not only ot the westein bound- 
ary line of Nova Scotia, but of the sources of the Penobscot and even of 
the Kennebec, so that this north line must of necessity cross the St. John ; 
but it will cross it in a patt of it almost at the foot of the highlands, and 
where it ceases to be navigable. But if a north line is traced from the 
source of the Cheputnatecook, it will not only cross the river St. John, 
within a!)out fifty miles from Fredericton, the metropolis of New Bruns- 
wick, but will cut off the sources of the rivers which fall into the bay of 
Chaleurs, if not of many others, probably of the Meramichi among tliem, 
which fall into the gulf of St. Lawrence, and thereby be productive of 
inconvenient consequences to the two Powers, if not of contention be- 
tween them, instead of " terminating their differences in such a manner 
as may be best calculated to produce mutual satisfaction and good under- 
standing," which is one of the principal and avowed objects of the treaty. 
Had the treaty intended that this north line should intersect a number 
of rivers which empty their waters througii a British Province into the 
sea, a right of navigation or passage down those rivers would doubtless 
have been secured to the United States by the treaty. That this was 
not the intention of the treaty, not only appears from the facts and rea- 
soning that have already been adduced, but from a further consideration, 
that in most, if not all, the maps of the interior country, published before 
the year 1783, although the sources of the river St. Croix are very inac- 
curately laid down, still it is very uniformly made to terminate in a lake 
near the eastern branch of the Penobscot; and a line drawn north from 
that termination, upon those maps, will not intersect any of the rivers 
which empty themselves into the sea to the eastward of the mouth of the 
river St. Croix, except the river St. John. Thisfurnislies an unanswer- 
able argument, so far as any fair conclusions can be drawn liom those 
maps in proof, not only that the river Scoudiac is the true ancient river 
St. Croix, and consequenlh) intended by the treaty of peace under the 
name of St. Croix, but that its true source is upon that western branch, 
in a lake, near to an eastern branch of thes river Penobscot. 

If, then, there were any doubt remaining which is the true source of the 
river St. Croix from which the line due north to the highlands is to be 
traced, the inconveniences above mentioned would form the strongest ai- 
gument against a decision from which they would result, and in lavor of 
that by which they will be avoided ; much more so, when the latter de- 
cision will correspond with and be supported by so many other incontest- 
able proofs and arguments, clearly establishing the river Scoudiac, to the 



142 [ Stiv.ite ])oc. No. 171. ] 

source of the \\e>tcrn branch, to be the river St. Croix, truly intended 
under that name, in the tieaty of peace, and running; a pait of the boundary 
therein ilescribed ; and the northwest angle of iVova Scotia, mentioned 
in the same treaty, to be Ibrmed by a line drawn due north from that 
source to the hii«;hlands described in the treaty. 

Whether, therefore, we follow tlie words of the grant to Sir William 
Alfxandei', by which we must be at all events concluded, or follow the 
main branch of tiie river jetaininf£ llu; s.ime name, or are j^overned by the 
uniform decision of geographers and historians of credit upon the subject,, 
and the rules and principles of the law of nations for the interpretation of; 
treaties, we shall be led to the same place as the source of the river from 
which the line due north must be traced to the northwest angle of Nova 
Scolia. 

Hut even if it had r)ot been known, at the time of the grant to Sir Wil- 
liam Alexander, that this river- had two branches, and the grant had been 
exjjressed generally, to the furtliest source oV the river St. Croix, still the 
main branch, or- that retaining the name of the river at its mouth, must 
have been followed to its source, not only to satisfy the words of the grant, 
but to give it its intended consliuction and operation. 

It clearly apjtears to have been the intention of the grant to give as 
large a territory to be erected into the Province of Nova Scotia, as the 
liver St. Croix could give by tracing a line due north fr-om its source to 
the great river Canada ; and it is expressly provided in the grant, con- 
trary to the general rules for the construction of the King's grants, that 
if any questions or doubts should thereafter arise upon the interi>retation 
or construction of any clause contained in the grant, that they should all 
be taken and interpreted in the most extensive sense, and in favor of the 
said Sir William Alexander. 

Having traced the original boundaries of the Province of Nova Scotia 
to the farthest source or spring of the river St. Croix, upon the western 
branch thereof, and thereby found the utmost western limits ol the Prov-^ 
ince, it remains only to discover its utmost northern limits, in order tOr 
ascertain the northwest an^le we are in search of. 

The Province oi' Nova Scotia, at the time of the treaty in 1783, was, 
as has already appeared, bounded to the northward by the southern 
boundary of the Province of Quebec, which boundary was established 
by the royal proclamation of the 7th October, 1763, and confirmed by 
the act of the 14th George 3, c. 83, passed in the same year with the 
act of Parliament already cited, by which it is enacted that all (he terri- 
toiics, islan(is, and countries, in North America, belonging to the Crown 
of (jrcat Britain, bourrded on the south by a lirie from the bay of 
Chaleurs, along the highlands which divide the rivers that empty them- 
selves into the river St. Lawrence from those which fall into the sea, 
to a point in forty-five degrees of northern latitude on the eastern bank 
olthe liver Connecticut, iic, be annexed to and made a part and parcel 
of thi,' Province of (Quebec. 

As, then, at the treaty of peace in 1783, the noiiiiern limit of the 
Province of Nova Scolia was " a line along llii' highlands which divide 
the rivers that (.inpiy themselves into the river of St. Lawrence, from 
those which fall into the sea," it unciuestionably follows, that the north- 
west angle of Nova Scotia, at the time of the treaty of peace in 1783, 



[ Senate Doc. No. 171. ] 143 

was thai angle which was formed by a line drawn due north from the 
source of the liver St. Croix to those highlands. If we now compare 
this angle w ith the northwest angle of Nova Scotia, described in the 
treaty of peace, viz : that angle which is iormcd by a line drawn due 
north fiom the source of St. Croix river to the same highlands, can it 
be said, with any dcgiee of ])ropiiety, that " the limits and boundaiies of 
the Province of Nova Scotia were unknown at the lime of the treaty of 
peace in 1783, and that it therefore became necessary to give it a western 
boundary by the treaty itsell", in these words, to wit : that angle which is 
formed by a line due north from the source of the river St. Croix to the 
highlands ?" 

Can it be believed, or for a moment imagined, that, in the course of 
human events, so exact a coincidence could have happened between 
the actual boundaries of the Province of Nova Scoiia and the boundaries 
of it described in this treaty, if the latter had not been dictated and regu- 
lated by the former? 

Can any man hesitate to say he is convinced that the commissioners 
at Paris in 1783, in forming the 2d article of the treaty of peace, in which 
they have so exactly described this nortlnve.st angle, had reference to, 
and were governed by, the boundaries of Nova Scotia as described in the 
grant to Sir William Alexander, and the subsequent alteration of the 
northern boundary by the erection of the Province of Quebec ? 

Will not this conviction become irresistible, when he adverts to the 
reservation made to his Majesty in this article of the treaty, "of such 
islands as then were, or theretofore had been, within the limits of the 
said Province of Nova Scotia, and to the islands included and compre- 
hended within those limits, as described in the grant to Sir William 
Alexander, some of which might have belonged to the United States, as 
lying within the limits of those States, but Ibr the exception of them in 
the treaty ? 

Let us now compare the western boundaries of the Province of Nova 
Scotia, granted to Sii- William Alexander, wiih the corresponding eastern 
boundaries of the United States. As the liver St. Croix is not included 
in the giant to Sir William Alexander, as stated by the agent of tiie 
United States ; and as it was not intended to be included, because, as 
has been made to appear, this river St. Croix was an agreed boundary 
between the Province of Nova Scotia, erected by this giant, and the 
territoi-y of New England, granted to the grand council of Plymouth, it 
follows that the line of this grant to Sir William Alexandei' must legally 
be construed to run through the Jiiiddle of the river, the rirer not being 
assigned inclusively to either territory. 

Upon this principle, then, this part of the western boundaries of the 
Province of Nova Scotia, in the grant to Sir William Alexander, will be 
a north line, across the mouth of the bay of Fundy, to the river com- 
monly called by tiie name of the St. Croix, and through the same, to the 
farthest source or spring upon the western bianch thereof., including and 
con)prehending all islands within six leagues to the westward, northward, 
and eastward, and within forty leagues to the southward of any pait ol 
the premises described in the grant. 

And the corresponding eastern boundary of the United Stales, by 
the 2d article of the treaty of peace, is, " aline to be diawn along the 



14 4 [Senate "Doc. No. 171. | 

middle of the river St. Croix, from its mouth in tlic hay of Fundy, to its 
source, iiichuliiij;; sucli islands as then were, or theietofore had been, 
witiiin the limits ol' the said Province of Xuva Scotia;" referring to the 
Province of Nova Scotia, of which the northwest angle, before described, 
was made the first station or boundary ironi which the boundaries of the 
United States were traced. 

As it has aheady been shown that tlic source of tliis river St. Croix, 
otherwise called Scoudiac, upon the western branch, and near to a branch 
of the Periobscot, to which there is a })orta<:e or carrying place from it ; 
the sajne place is evidently conteniplated as the source iVom which the 
line due north lo the highlands is to be drawn, both in the grant to Sir 
William Alexander, and in the 2d article of the treaty of peace; and, 
consequently, this part of the western boundary of Nova Scotia, in the 
grant, is precisely the same with the coriespondiiig eastern boundary of 
the United Slates in the treaty. 

Thus the fust principle staled in this argument is established beyond 
all contradiction, " that, by the second article of the treaty of peace, it 
was intended that no i)art of the Province of Nova Scotia should be there- 
by ceded to t!)e I'nited States ; but that the Province of Nova Scotia, 
according to its ancient limits, should be and remain a {)art of the terri- 
tories and dotninionsof his Majesty, as his Majesty had, before that time, 
held and |)osscssed the same." 

And this j)rinciple being established, the necessity of examining into, 
and asceitaining j)iecisely, the ancient boundaries of the Province ot Nova 
Scotia, in the manner that it has been done, is clear and obvious ; and the 
result of that examination, compared with the boundaries in the treaty of 
peace, thus serves, in its tuin, to confirm the principle. 

'I'his principle being evident from the words of the treaty of peace it- 
sell', no explanation of the treaty, by either party, inconsistent with this 
true and obvious intention of it, can be received consistently with any 
of the rules and principles of the laws of nations, universally aclcr.owl- 
edged and admitted obligatoiy in such cases, as has already been made to 
appear, and will be more full}^ shown in a more particular reply to the 
arguments advanced in suppoit of the claim of the United States. 

From the foregoing facts and arguments, the underwritten agent feels 
himself warranted in concluding that the liver Scoudiac is the river truly 
intended under the name of the river St. Croix, in the treaty ol peace, 
and forming a part of the boundaiy therein described ; and that the north- 
west angle of Nova Scotia, intended by the treaty, is that angle which 
is formed by a line drawn due north from the farthest souice or spiingof 
the western or main bianch of the Scoudiac to the highlands descril)ed in 
the treaty. 

As the fnial dedaiation to be made by this honorable board, deciding 
what river is the river St. Croix intended by the treaty of peace, must 
particularize the latitude and longitude of its mouth, as well as of its 
source, it may be ptopei-, anri perhaps necessary, in this place, to say a 
l"(*w words respecting the mouth of the river Scoudiac, which has been so 
fully proved to be the liver St. (^roix intended by the treaty. 

By an inspctction of the plan o<' the surveys now befoic the board, it 
will appear, in conformity to ('h;impl;iin's authority, that its j)roper mouth 
is where it empties itsell into that pait of I'assamacjuaddy bay, which was 



[ 8cna(e Dor^. No. 17 1.] 145 

formerly called the bay of St. Croix, and is now called St. Andrew's 
bay ; ;uid (his mouth is traversed by a line drawn from the noith point of 
St. Andrew's harbor, commonly Joe's point, across the river to the op- 
posite point upon the western shore, near to the place wliere Mr. Brewer 
now lives. In confirmation of this, the Indians [noduced and examined 
before the board, as witnesses on tbc part of t!ie United States, have testi- 
fied that, from Brewer's, upwaids, the waters are called Scoudiac, and 
irom tlience, downwards, Passama(|uoddy bay. 

And the author of the History of the District of Maine also speaks of 
the proper mouth of this river as being at or near St. Andrew's, \vhere 
he says: " 'I'he English now possess the country as far west as the east 
bank of the Scoudiac, at its mouth." 

It l)ein2; established that the river Scoudiac, under the name of the 
river St. Croix, made a part of the original boundaries of the Province of 
Sova. Scotia, and continued to be a part of its western boundaiy at the 
time of the treaty of peace in 17S3, it may be proper now to inquire 
whether that Province has, in fact, exercised its jurisdiction agreeably to 
those limits ; and to ascertain this fact, as far as it regards this western 
boundaiy, we can go no further back, Avith any degree of accuracy, than 
the treaty of peace in 1783 ; for, previous to the war immediately j)rocc- 
ding that period, tliis part of Nova Scotia, or Acadie, had been, with little 
interruption, in the hands oi' the Frenc!), notwitlistanding the treaty of 
Utrecht, by which it was fuliy ceded to Great Britain 

The whole country coming into the possession of his Britannic Majesty, 
by the treaty of 1763, we are from thence to date our inquiries respect- 
ing the jurisdiction in fact exercised over tiiis part of the country, down 
to the peace in tlie year 17S3. 

The boundaries of the Province of Nova Scotia, as described in the 
commissions to the Governors of it, from his Majesty, during that period, 
conl'ormed as we have seen to the boundaries of it, as described in the 
grant to Sir William Alexander, without aii}^ material variation, except 
tiie alteration of its northern limits, occasioned by the erection of the 
Province of Quebec. 



No. 12. 

Copy of the declarallon executed by (he Commissioner, viz : 

By Thomas Barclay, David Howell, and Egbert Benson, commission- 
ers ap])ointed in pursuance of the fifth article of the treaty of amity, com- 
merce, and navigation, between his Britannic Majesty and the United 
States of America, finally to decide the (juestion '■'• what river was truly 
intended under the name of the river Saint Croix^ menticmed in (be 
treaty ot peace between his Majesty anci the United States, and foiining 
a part of the boundary therein nescril)ed." 

DECLARATIO.V. 

We, the said commissioners, having been sworn " inip;ir(ially to 
examine and decide (he said question, according to such evidence as 
10 



MR [ Senate Doc. No. 171. ] 

should respectively be laid before us on the part of the British Govern- 
ment and the United States, and having heard the evidence which hatli 
been laid before us by the agent of his Majesty, and the agent of the 
United States, respectively appointed and authorized to manage the 
business on behalf of the respective Governments, have decided, and 
hereby do decide : The river hereinafter particularly described and 
mentioned, to be the river truly intended under the name of the river 
St. Ci nix, in the said treaty of |)cace, and forming a part of the boundary 
(herein described ; that is to say, the mouth of the said river is in Pos- 
samaqtioddy bay, at a point of land called Joe's Point, about one mile 
northward irom the northern jiart of Saint Andrcio^s island, and in the 
latitude of forty-five degrees five minutes and five seconds north, and in 
thv longitude of sixty-seven degrees twelve minutes and thiity seconds 
west from the royal observatory at Greenwich, in Great Britain, and 
lliree degrees fifty-four minutes and fifteen seconds east from Harvard 
(yoUegc, in the University of Cambridge, in the State of Massachusetts; 
and the course of the said river, up from its said mouth, is northerly to 
a point of land called the Devil's Head ; then, turning the said point, is 
westerly to where it divides into two streams, the one coming from the 
west'.vard, and the other coming from the nortlnvaid, having the Indian 
name of Clifpuinalccoak or Chibniticook, as the same may be variously 
spelt ; then up the said stream, so coming from the noi thward, to its 
source, which is at a stake near a yellow birch tree, hooped with iron, and 
marked S. T. and J. H. 1797, by Samuel Titcomb and John Harris, the 
surveyors employed to survey the abovementioned stream coming from 
the northward. And the said river is designated on the map heieunlo 
annexed, and hereby referied to, as further descriptive of it, by the let- 
ters A, B, C, D, E, F, G, H, I, K, and L. The letter A being at its 
said source, and the course and distance of the said source, irom the 
island at the confluence of the abovementioned two streams is, as laid 
down or» the said map, north forty-five degrees and about fifteen minutes ; 
west, by the magnet, about forty-eight miles and one quarter. 

In testimony whereof, we have hereunto set our hands and seals, at 
Piovidence, in the State of Khode Island, tlie twenty-fifth day of Oc- 
tober, in the year one thousand seven hundred and ninety-eight. 

THOMAS BARCLAY, [r.. s.] 
DAVID HOU ELL, [l. s.| 

EGBERT BENSON, [l. s.] 
\\ itness : Edwahd VV'iNShow, 

Secretary to the Co7nmissioncrs. 



No. 10. 

Cnj>ij of vncxcciiled Dcclaralion. 

\\\ the commissioncis appointe<l in jiur.suance of the fiflii ailicic of 
the treaty of amity, conunercc, and navigation, between his Britannic 
Majesty and thf rniled Stales i-f America, riiially to decide tlie (juestion, 
wXvdi river uas truly itilcndid tiiiiUr the name of the liver St. Croix, 



[ Senate Doc. No. 171. ] 147 

mentioned in the ticaty of peace between his Majesty and the United 
States, and ronning a part of the boundary therein described. 

DECLAKATION. 

We, the said connnissi-neis, having been suorn impartially to ex- 
amine and decide the said question, according to snch evidence as 
should respectively be laid before us, on the part of the jiritish Govern- 
ment and of the United States, and having heard the evidence which 
lias been laid before us by the agent of liis Majesty and the agent of the 
United States, respectively appointed and authorized to manage tliC 
business in behalf of the respective Goveinments, have decided, and 
hereby do decide, that the river described as follows, viz : The source 
of it is where it issues from the Lake Genesagranagrum-sis, one of the 
Scoudiac lakes, and distant abo\c five miles and three-quarlers, in a di- 
rect course, fjom where the Cheputnatccook falls into it, and about 
twenty miles and a half, also on a direct course, fiom the point of land 
called the DeviVs Head, and from its said source, as lar at least as to 
the said point of land, it has the Indian name of Scoutiiac, and its course 
ior that extent is easterly ; and then turning the said point, and leaving 
Oak Point bay on the north, its course is southerly to its mouth, which 
is where it empties itself into Passamaquoddy bay, at a point of land 
called Joe's Point, about one mile notthcrly fiom the northern point of 
the island of St. Andrews, and in the latitude of foi ty-five degrees five 
minutes and five seconds north, and in the longitude of sixty-seven de- 
grees twelve minutes and thirty seconds west from the royal observa- 
tory of Greenwich, \n Great Britain, and tbree degrees and fifty-four 
minutes and fifteen seconds east IVom Ilarvaid College, in the University 
of Cambridge, in the State of Massachusetts, is the river truly intended 
under the name of the river St. Croix, mentioneil in the saifl treaty of 
peace, and forming a part of tbc boundary therein describcil ; and the 
map of it hereunto annexed is hereby referred to as lurther description 
of it. 

In testimony whereof, we have hereunto set our hands and seals, at 

Providence, in the State of Rhode Island, the day of , 

in the year one thousand seven hundred and ninety-eigiit. 



Providknce, October 2Z, 1798. 

Sir : I have considered with attention your letter of this day, and it 
appears to me evident that the adoption of the river Cheputnatecook as 
a part of the boundary between his Majesty's American don)inions and 
those of the United States, in preference to a line drawn ftom the eastern- 
most point of the Scoudiac lakes, would be attended with considerable 
advantage. It would give an addition of territory to the Province of 
New Brunswick, together with a greater extent of navigation on St. 
John's river, and, above all, a larger stretch of natural frontier, calculated 
to prevent future difficulties and discussions between th.e tv.o countries. 
If, therefore, by assenting to the proposal of the An)erican agents, you 
can brinii about the unanimous concurrence of the commissioners in this 



14S [ Senate Doc. No. 171. ] 

me.isure, I am of opinion that you will pioniote his Majesty's real inter- 
est, and I will take the earliest opportunity, with a view to your justifica- 
tion, ol' expressing these my sentiments on the subject, to his INIajesly's 
Secretary ol" State. 

J have the iionor to be, with great tiulh and regard, sir, your most 
obedient, humble servant, 



ROBERT LISTON. 



"Wakd Chip.m.v.v, Esq. 



Tso. 14. 



Letter from the Governor of Maine to the Secretary of State of the 

United States. 

Portland, March 20, 1827. 

Siu: Having had the honor to receive your letter of Januarj^ 29ih 
last, 1 transmit, in reply, the accom;*)anying report and resolves, rela- 
tive to the northeastern boundary of the State ot JSlaine. The attention 
■\Nhicli you have heretolore paid to the adjustment of the United States' 
boundary, especially in another part of the Union, assures me that you 
will receive the documents 1 have mentioned with that interest to which 
they are entitled. With the confidence which belongs to the patriotic 
and paternal character of the Government of the Union, and without 
complaining of it in any particular, I may be permitted to say that the 
growing iuiporlancc of the country claimed against the United States 
and Maine carries along an increasing desire to have an open or confi- 
dential development of the material lacts. 

The report and resolves contain the evidence of the present dispo- 
sition and purposes of the State, which nill receive my ofhcial co-ope- 
ration with the same zeal and fidelity that will cheerfully be applied, if 
requisite, in aiding to carry into ellect any federal measure applicable to 
the protection of the rights in question. The anxiety of a sovereign 
State to possess the documents (or copies of them) which contain the 
evidence of a title to soil, and of a jurisdictional authority, which it will, 
under the United Stales, maintain, if it shall discharge its duty either to 
those States or to itself, will be duly aj)j)ic>ciated by yourself and by the 
President. 

While that anxiety is here entertained by all the citizens, it is not 
only with reference to an important local concern, but is connected with 
their inclination to a harmonious action with all who consent to admit of 
it. In pursuance, therefore, ot the resolve of the Legislature of Maine, 
I have the honor to solicit such information relative to the northeastern 
boundary of that Stale as the i^residont may deem pio])er to consent to 
have communicated. It is al>o my duty to add, that great benefit will be 
deriveil from an ear ly determination of a claim harassing to the State, 
interrupting ils best puisuils, ihreatening to .^ome of its best hojies, and 
believed to he unfounded. 



[ Senate Doc. No. 171. ] 1 19 

No. 15. 

Letter from the Secrctarij of State of the United States to the Governor 

of Maine. 

Washington, March 27, 1827. 

Sir : I liavc to acknowledge (he receipt of the lettei- whicli your excel- 
lency did me the honor to address to me on the 20(h instant, with a copy 
of the report of the joint select committee of the Senate and House of 
Kepresentatives of the State of Maine, enclosed, hoth of which I have 
submitted to the President. The deep interest which is t:dcen by the 
State of Maine in the settlement of our northeastern boundary with 
Great Britain is veiy natural ; and I assure you that it is a subject on 
which the President I'eeis the most lively solicitude. Mr. Gallatin is 
charged with, and has actually entered on, a negotiation concerning it, 
but which was not brought to a close at the last dates from him, nor is it 
probably yet terminated. At that period the prospect was, that there 
would be no other alternative than that of referring the difference be- 
tween the tvvo' Governments to aibitration, according to the provisions 
of the treaty of Ghent. Much dilhculty was experienced even in adjust- 
ing certain preliminary points necessarily connected with tlie reference, 
and they have not yet been finally arranged. 

When an application was made during the session of Congress prior 
to the last, by the Senators of Maine, for copies of all the papers in this 
department respecting the disputed boundary, it was not deemed expe- 
dient to furnish copies of the reports and arguments of the commission- 
ers, the publication of which, it was believed, Avould be prejudicial. 
Copies of any surveys, maps, or documentary evidence, were offered. 
The same considerations which ihen existed are still believed to be 
opposed to letting copies go from this Department of those reports and 
arguments. With that exception, copies of any of the other papers re- 
turned by the commissioners will be furnished, whenever a})plication is 
made for them. 

It is stated, in the report of the joint select committee, that '■' we 
cannot view^ the acts complained of by the British Government as en- 
croachments upon the rights of Nev/ Brunswick or Great Britain, for 
they relate, and were only intended to relate, to the territory within the 
description of the treaty," Although the President might be disposed 
entirely to coincide in this opinion with the State of Maine, it must r )t 
be forgotten that an opposite opinion is entertained by Great Britain, 
with whom we are now treating. If, whilst the controversy is unsettled, 
and during the progress of a negotiation, each party proceeds to take pos- 
session of what he claims to belong to him, as both assert title to the 
same territory, an immediate collision is unavoidable. The British 
Government has abstained, according to the assurances given through 
their minister here, from the performance of any new acts which might 
i)e construed into an exercise of t!ie rights of sovereignty or soil over the 
disputed territory ; and they so abstained on our representation, and at 
our instance. Under these circumstances, the President continues to 
think that it is most advisable that we should practise the like forbear- 
ance, as recommended in the letters which I had the honor of addressing 



150 [ Senate Doc. Xo. 17 1- ] 

toyoiir cxctUcnc V on (lie 4th of Jaiuiary oftlie last, and thc'29lh of January 
ofthc present year. This mutual forbearance is believed to be essential 
to the harmony between the two countries, and may have a favorable 
tendency in the amicable adjustment of the difference between thetn. 

It is worthy also of consideration, that although Maine is most, she is 
not the only State, interested in the settlement of this question. 

Your excellency may be j)erfectly persuaded tliat every eflbrt will be 
enipli>yed to obtain a satisfactory and as speedy a decision of this matter 
as may be practicable ; and that not less attention will be paid to it than 
has been shown, on the part of the Executive of the United States, in the 
adjustment of their boundary in another part of the Union, to which you 
reler, wliilst it is hoped that some unpleasant incidents which occurred 
there may be avoided in the northeast. 

I transmit, herewith, for the consideration of your excellency, an ex- 
tract from a despatch of .Mr. Gallatin, under date the 30th of October last. 



No. IG. 



Letter from the Governor of Maine to the Secretarij of State of the 

United States. 

Portland, April 18, 1827. 

Sir : I had the honor to receive your letter, bearing date March 27th, 
ultimo, to which it is my duly, as the only organ of communication of the 
people of Maine, at this time, and on this occasion, to reply. 

The rights, to which my care will appear to you to be now^ directed, 
are not, as 1 trust, jeopardized ; but they are so interesting as to demand 
the sedulous attention of those functionaries of this State who are placed 
in relations which enable them to lepresent, through you, to the Presi- 
dent, the feelings and principles requiring of Maine its special regard, 
and which may be respectfully offered to the country and the adminis- 
tration. 

Without bringing the subject to that lest of deej) and general anxiety, 
by wliicli, in a certain contingency, it must be tried at last, I shall oiler 
a frank and sincere reply. 

The extracts Irom Mr. Gallatin's communication, with whicii you 
favored me, being the foundation of some of your remarks, allow me to 
advert to a view of the subject, to which he informs you he was led by 
procedures of the Legislature of New J5runswick. I now refer to what 
lie has said as to propositions of conipromise by agents of Maine and 
Massachusclfs, relating to the boundary line. The danger of infeiences, 
under such circumstances, Irom the " j)roceedings of the Legislatuie of 
N(;w lirunswick," is so evident, ihal you willnot be surprised by a 
denial of iheir correctness. 

Assenting to the idea that " piopositions on our i)art, inconsistent with 
our construction of the Irealy, and which would not secure to us all the 
waters which empty into the St. John's west of the line running north 
from the source of the St. Croix, would be dang(uous," and being also 
jjrepared to admit tliat Maine would be inconsistent, and unjust to her- 
sell, in nuking such piojjositiuns, ! shall satisfy you that she has not been 



[ Senate Doc. No. I 7 ( . ] 151 

©ff her guard in the manner which called forth your friendly interven- 
tion. And, fust, allow me to assure you that there is no occasion for 
alarm on (ho pait of the administration or its minister in England, that 
Maine will jeopardize the common welfaie, by failing to insist on ihc 
justice and indefeasible character of its claim, or hy shrinking from •-» 
firm asseition in any alternative. 

The agents whose supposed acts " would seem, from certain proceed- 
ings of ihe Legislature of New Brunswick," to have been as incnutious 
as is represented, had no authority to propose any compromise as to our 
boundary; and if any was oft'ered, it was officious and unwarrantable; 
but I am enabled to inform you that the affair has been misrepresented 
to Mr. Gallatin, and I should offer the proofs of the coriectness of this 
assurance, in detail, if I did not believe it improper to pursue the consid- 
eration of inofficial acts, and of statements ill-founded, or if otherwise, 
inconsequential. Grateful, therefore, for the attention evinced by the 
<'.aution he has given, however unnecessary, we will receive it as the 
pledge of his vigilance and ability. 

In concluding, as to this point, let me fortify you against any oppre- 
hension that Maine will yield too much, by declaring to you, plainly, that 
it is not believed that either the treaty-making or executive power of (he 
United States extends to the cession or exchange of the territory of any 
State, without its consent ; and that, for a stronger reason, no State can 
barter that domain in which the Union has also an interest, and that ju- 
risdiction which the highest political duty requires it to exercise. Maine 
will, surely, I believe, so far maintain these principles as to warrant a 
reliance against indiscreet and unconstitutional concessions, and a confi- 
dence in the application of her means to the repulsion of aggression. I 
have full reliance upon her disposition and ability to render the Presi- 
dent all the aid which can be desired against the unfounded and pre- 
sumptuous claims made equally against her and the Union, to promote 
an object suggested and supported only by an ambition and cupidity 
which, although natural, is nevertheless, on our part, altogether objec- 
tionable. If these views shall not satisfy the President of the confidence 
to which iMaine is entitled, as to the assertion and defence of her rights, 
I shall, with pleasuie, offer those further proofs which I omit at present 
only from the desiie of engaging your indulgence for a few additional 
observations. 

It was with much regret, not unmingled with mortification, that 1 con- 
sidered your denial of the use of the repoi-ts and arguments of the com- 
missioners under the treaty of Ghent. Frons the want of that informa- 
tion, which it was hoped the United States would yield to a party having 
the same interests with themselves, and only desirous to sustain them, it 
is assumed that there are leasons for j^our decision through which that 
respect will be commanded, now, from great deference, proffered in an- 
ticipation. Wishing to act in full coincidence with the vie\\s entertain- 
ed by the federal administration, the State must be bound to believe in 
a mutual regard, and to endeavor to avoid anv embarrassing applica- 
tions on her own part; but it may not be unsuitable for her to expect a 
degree of confidence in return. 

All that forbearance which ihe occasion requires will, as I may safely 
assure you, be exhibited by this State. While her extensive and vaUia- 



162 [ Senate Doc. No. 17 I. ] 

ble tracts of wild land, which might olheiuisc soon be improved, remain 
unsettled ; while her jMOj^ress in \\ ealth and power is checked in a most 
disastrous manner, at the period niost I'avorable to giving an impulse to 
her prospeiity ; while many inipoiiant resources are loft dormant during 
the pendency of the dispute as to her property and jurisdiction; while 
a liontier, which niiy.ht soon be made sdong, remains unfortified by the 
freemen anxious to occupy it, she will, I doubt not, forbear, on the re- 
quest of the General Covernment, until the imperious call of duty shall 
summon her to occupy her inheritance. Seeking to promote, by all 
suitable concessions, the amicable adjustment you refer to, she will only 
wiihdiaw her deference and submis'sion when a claini, unjust in itself, 
m.y seem to expose a portion of her territory to incorporation with a 
Piovince. With this spirit of foibearance, she has sought inlormation 
only as to an interest vital to herself, as well as important to the country, 
without any purpose calculated to excite distrust, with only such patriotic 
views as have rendered the refusal to comply with her request a subject 
of th.at species of surprise which a friend, predetermined to take no of- 
fence, leels when he is not treated with coriespondent confidence. 

IMaine, sir, was with great dillicuity introduced into the Union ; but, 
if 1 recollect rightly the arguments which were used, she was introduced 
as a sovereign and indej)endent State. 

As a free, sovereign, and independent republic, n^r.y we not be per- 
mitted to iiave communication with tlic authorities of the Union ; or do 
they mean that we shall submit imj)licitly to their direction, however 
wise it may be, at the same time that they declaie their conviction of 
the j)ropriety of withholding information? The general concerns of the 
Union are, of coui'se, communic;.ted only to the whole, but that which 
relates to a particular con^.munity, where its daily intercourse demands 
infoimation, seems to warrant the request I have made, and which I am 
reluctantly impelled to lenew, with this modification, that any communi- 
cation made in return \\i\[ be received, if so re(juired, subject to a le- 
striction on publicity beyond a communication to the Legislatuie, in the 
usual terms of confidential conimunicalions- If the Piesident will not 
consent to this, we must yield, v.ith the deference we owe to the station 
he liolds, to the claims he has on our afiections and confidence, to the 
information he possesses, and the prudence he displays, to any extent 
within which the absolute and indefeasible rights of Maine may not be 
compromitted. Will you permit me to add, that as to all beyond that, 
this Stale may probably chiim the right to use her moral and })hysical 
eruMgies, as she may be directed by the future emergencies; and I am 
sure, if her good will shall impel lier, with jjowei- enough to sustain her 
right to soil anil jurisdiction, wherever she may probably claim them 
aj;ainst any proljable foreign and airogint assumption ; especially with 
the aid of the; (Jeiieral Government. 

I do not wish to weary youi- patience by urging the j^articular argu- 
ments which might sustain my proposition. It is true, sir, tliat Maine is 
iHit the only State interested. The Union is interesled, and each Slate 
is .'-everally inlerestefl, in having a powerful comn-.unity on our north- 
eastern boundary, which may, like New York in the last, be the pride 
and defence of the nation in the next war. Whenever again there shall 
be a struggle between the navies and armies of this republic and Great 



[ Senate Doc. No. 171. ] 153 

Britain, the position of Maine will require activity, strength, and confi- 
dence. She will he exposed to a large portion of danger and suifering, 
and will he, i ho])e and helieve, resolute to actjuire the glory to which 
such exposure, with unimpaired means, will invite her. 

Politically peninsulated, with three foreign Governments pressing upon 
her horders, with the high amhition in9i)ired, and the high resj)onsibility 
created, by her destination, can it be believed that she will relinquish 
her lesources, sulVer her landmarks to be removed, and yield to a most 
presumptuous arrogation of a foreign Power ? I trust you will more 
highly appreciate her intelligence and spirit than to imagine that so de- 
grading and pernicious a surrender can be consented to by her. 

But, is she authorized even to consider this question, and to determine 
the extent of her municipal jurisdiction, and that of the territoiial limits 
within which she will exercise it } W a mandate of the Executive of the 
United States, under an act oi the treaty-making power, is, upon princi- 
ple, imperative, she ought to be silent and passive ; but if not, however 
coniidently she may rely upon her safety, as guarded by wisdom and 
patriotism, she ought to announce her wishes and her principles. 

While, under treaties with Great Britain, the boundary in disj)ute has 
been settled, the difficulty has occurred only as to the application of the 
rule, in those treaties contained, to the surface of the ground. The right, 
to the full extent of the first treaty, is perfect. It was not created by 
that treaty, but its existence was prior to it ; and no surrender could have 
then been made without the consent of the proprietor and the sovereign. 
No surrender was made, and there is not a moral or political, in other 
words, a governmental force, sulficient to change the true, honest, deter- 
mination of the landmark. And there is nothing but sophistry, and that 
ignoble spirit of compromise, which exists not in this republic, which 
will consent to the obvious and monstrous falsehoods to which ambitious 
and artful jiretensions have led the enemies of Maine. 

In regard to the sentence which you have extracted from the report 
of the joint select committee, as it contains a sentiment approved by the 
Legislature, and acquiesced in by the people, I shall trouble you with a 
brief comment in regard to it. It rests upon the idea, before suggested, 
that Maine, with Massachusetts, has a perfect title in the disputed terri- 
tory, and that the former State has a vested, indefeasible, jurisdictional 
control over it, the exercise of which it may irresponsibly apply. It is 
a proposition, which has been demonstrated by yourself so clearly as to 
have commanded general respect, that the abstraction of the territory 
of the United States cannot be made by the treaty-making or executive 
power. Much more, then, must the domain of a State, within its ac- 
knowledged limits, be sacred, and much more and more is it evident 
that neither department of the Federal Government, nor all, can be the 
exclusive and final arbiter as to the ascertainment of a boundary already 
established in description ; because, if one department, or all, have this 
powei-, they may ascertain the line falsely, indirectly cede our State, 
converting it into a British dependency, and thus, by the arguments I 
had the invaluable satisfaction of hearing applied in another case, vio- 
late the constitution. If, therefore, the committee have fallen into error, 
it has not been in the princijjle of their judgment as to the rights of this 
State, abstractly considered, but in their view of the extent of our ter- 



15 1 [ Senate Doc. No. 171. ] 

litory, and of tlic application of our authority over it. They, in fact, 
substantially assert, that the treaty of 1783, in connexion with original 
j^iants, and subsequent and correlative circumstances, established and 
deliiicd our bounds, so as to j)reclude just complaint of our public acts, 
within the scope of those lef;itimate powers which, at the discretion of 
the State, it may, within those bounds, anywhere apply. The doctrine 
of the committee can only be refuted by proving that the national au- 
thoiity is exclusive as to the adjustment of our exterior boundary ; but 
let it be recollected that the present case only admits the ascertainment 
of a line by a rule prescribed, and not the creation of one arbitrarily, or, 
iii other words, by arbitrament. A right was vested in a third party be- 
fore the Union existed, and has been confirmed by it since. In short, 
the committee, it is believed, may be considered as claiming such respect 
as may be attached to those who have truly exhibited the sentiments of 
this community. 

Anxious, as in my situation 1 cannot avoid being, for the preserva- 
tion, during my continuance in oflice, and always after, of the rights of 
the State, 1 must express my alarm at a portion of Mr. Gallatin's letter. 
He says, " an umpire, whether a king or farmer, rarely decides on strict 
principles of law; he has always a bias to try, if possible, to split the 
dilFerence," &c. And yet I am informed that there has been in progress 
an arrangement of the preliminary points for constituting such an um- 
pire. I cannot hut hope that no arrangement will be ellected which 
will endanger the half, from tlie mere circumstance of a wrongful claim 
to the whole, under the pitiful weakness which is liable to split the dif- 
ference between right and wrong. 

Let me add, in this particular pait of my letter, most respectfully, but 
solemnly, the sentiment, that Maine is bound to claim at the hands of 
the Federal Government the protection of the integrity of her territory, 
the defence o( her sover(!ignty, and the guardianship of her State right.-. 
She is called upon to urge this, that she may be rather permitted to rest 
on the parental care of the Union, than driven to any independent 
agency, in any form, in relation to this concern. 

That you may not be surpiised that the State, after having fruitlessly 
sought information, should have determined on its course without it, 
give me leave to say, that while she cannot be presumed to be informed, 
in all particulars, as to the relations of a deeply interesting character in 
which she is placed, she is called upon to judge as to othcis, and is not 
without the premises necessary to coriect conclusions. 

Whatever intelligence she might have been })ermitted to receive as to 
her relative situation, she would, as she will hereafter, cheerfully co- 
operate with the (ieneral (jovernmcnt to |)revent an assumption of our 
territoiy, lo what(.'ver extent, by the King of Groat Britain. 

In exe(;uting the resolve of the Lcgislatine, it will be convenient to 
me to possess a sclunlule of those documents which may be communi- 
cated. I will, therefore, hope the favor of being furnished with such an 
index, for the direction of my iiujuirics. 



[ Senate Doc. No. 17 1. ] 155 

No. 17. 

Letter from the Secretary of State of the United States to the Governor 

of Maine. 

Washington, May 7, 1827. 

Sir : I have the honor to acknowledge the receipt of your excellen- 
cy's letter of the 18th ultimo, and to itifoim you that I have suhmitted 
it to the President. The solicitude which is lelt by your excellency 
and the Legislature of Maine, in regard to the settlement of our north- 
eastern boundary, so interesting to that State, and so important to the 
whole Union, is perfectly natural, and justly appreciated by the Presi- 
dent. And he is entirely disposed to comtnunicate any infoimation in 
the possession of the Executive of the United States on that subject, 
which can, in his opinion, be communicated without the danger of pub- 
lic detriment. Accordingly, when, at the session of Congress before 
the last, an application was made at this Department, by the Senators 
from Maine, for copies of all the papers, maps, and other documents re- 
ported by the commissioners who were appointed under the fifth article 
of the treaty of Ghent, it was stated to those gentlemen, that the copies 
would be furnished, whenever requested, with the exception of the re- 
ports and arguments of the commissioners, transcripts from which, con- 
sidering their peculiar character, in the then state of the question, the 
President did not think it expedient to allow to be taken. The Sena- 
tors from Maine availed themselves of the permission, and obtained 
copies of some of the maps. Copies of all the papers reported by the 
commissioners, which are very voluminous, would lequire the services 
of two or three copyists for many weeks ; but the labor of preparing 
them would be cheerfully encountered, for the accommodation of the 
State of Maine. 

The negotiation with Great Britain is still pending, but there is rea- 
son to expect that it will soon be brought to some conclusion, peihaps in 
a shorter time than would be requisite to copy and transmit the papers 
reported by the commissioners to your excellency. The President con- 
tinues to think that the public interest requires that the communication 
of transcripts of the reports and arguments of the commissioners, even 
under the limitation proposed by your excellency, should be postponed 
for the present, and until it can be made without the risk of any injuri- 
ous effect upon the state of the negotiation. Your excellency's experi- 
ence in public affairs will enable you to make a just estimate of the 
reserve and delicacy which ought to be observed in all negotiations with 
foreign Powers, involving subjects of deep national interest. This con- 
sideration has such weight that it is the uniform practice of Congress, 
as no one knows better than your excellenc}^ to annex a qualilication to 
the calls which are, from titne to time, made for papers relating to the 
foreign negotiations of the Government. There would not be the small- 
est objection to an exhibition to the inspection of your excellency, or 
confidentially, to any person that you might think proper to designate, of 
all the papers, without exception, reported by the commissioners. I ab- 
stain from a particular notice of many of the topics of your excellency's 
letter, not fiom the least want of respect, (on the contrary, I entertain 



If) 6 [ Senate Doc. No. 171. ] 

the hiuliest, personally and olTicially,) for your excellency, but from a 
])eisuasion that the discussion of tliein is without utility. It has been 
ihoutiht most piofitable to limit my answer to the specilic requests con- 
tained in your letter. 

I transmit, herewith, in conformity with your wish, a list of the papers 
leported by the commissioners, copies of any of which may be procu- 
red, for the use of the State of Maine, whenever desired, with the ex- 
rcj)tiun which has been slated. 



No. 18. 



A list of books, papers, t^c, relative to the fifth article of the treaty 

of Ghent. 



Journal of Conunission. — Vol. 1. 

Claims of Agents. — Vol. 2, contains claim of the agent of the United 
States. 1st. Men)orial concerning the northwest angle of Nov.i Scotia, 
and the northwesternmost head of Connecticut river, kc. By the agent 
of II. B. Majesty. 2d. Memorial concerning the same. By same. 

Answers of Ageiits. — Vol. 3, contains a reply to the memorial of the 
agent of the United States, fded 8th June, 1821, exiiibiting the line of 
the boundary of the United States, from the source of the river St. Croix 
to the Iioquois or Cataraguy. 

Answer of the agent of the United States to the claim, and opening 
argument of the agent of H. B. Majesty. Read, August 10, 1821. 

Replies of the Agents. — Vol. 4, contains the reply of the agent of the 
United States to the answers of the agent of H.B. Majesty to the claim 
and opening argument of tiie agent of the United States, kc. Read, 
Septeuiber 27th, 1821. 

Observations upon the answers of the agent of the United States, to 
the chum and opening argument of the agent of H. B. Majesty, &c. 
By the agent H. B. Majesty. 

General Appendix. — Vol. 5, contains reports of the surveyors and 
astronomers, and documents referred to in the arguments of the agents. 

ApiJendix to British Agent's Reply. — (Duplicate) Report of Commis- 
sioner C. P. V'an Ness. 

Report of the commissioner of II. B. Majesty, addressed to the Gov- 
ernment of the United States. 

Api)endix to the re])ort of II. B. Majesty's commissioners. 



No. 10. 



INDEX. 
NumbiTH referreil lo in Ihe Niimliers referred to in llie 

Unitcil .St:ite-i :ir>,'iiriiLiU-.. Drltisli ur};iimciits. 

1 . Mr. Johnson's survey of l!ie line, north fiom the St. Croix, \ | 

in 1817. S 

2. Col. Bouchell's survey of the same line, 1817. .2 



[ Senate Doc. No. 171. ] 157 

3. IVfr. .Tolinson's further survey of the uortli line and adjacent ) 

country, in ISIS. S 

4. INfr. Odell's further survey oftlie north lino. II 

5. Capt. Partridge's section of the country from Point Levi to ~| 

ilallowell, IMaine, 1819, of the different heights through ! ^ 
the Grand Portasie of Madawaska on St. .John river, of [ 
INlars Hill. ^ J 

G. Suivey of the Restook section of the same, and of Mars Hill. 5 

7. Mv. Odell's survey of the Restook, with a sketch of the ) 

country, as viewed from Mars Hill and the vicinity of V G 
the Iloulton plantation. ) 

8. Mr. Hunter's survey of the Alleguash river. 6 

9. " " " of the Penobscot, first part. 7 

10. " " " of the Penobscot, second part. 8 

11. ISfr. Burnham's survey of the branches ot Connecticut liver. B 

12. Dr. Tiarks's survey of Connecticut river and its tributary ) ^ 

streams. S 

13. Mv. Burnham's survey of Mcmkeswee, Green rivers, and ^ g 

Beaver stream. S 

14. Mr. Burnham's survey of Toladie river and Grand Portage. 10 

15. Dr. Tiarks's survey of Toladie and Green rivers. 11 

16. Mr. Loring's survey of Penobscot river. 12 

17. " " " of Moose river. 13 

18. Mr. Campbell's sketch of the height of land annexed to iSIr. ) .^^ 

Odell's report of the survey of 1819. ) 

19. Mr. Hunter's survey of the river St. John. 14 

20. Mr. Loss's survey of the river St. John. lo 

21. Mr. Partridge's survey of the Chaudiere, the source of the ) .^ 

Dead river, and the east branch of the Connecticut. ) 

22. Mr. Carlile's survey of the head waters of the Chaudiere and } .^ 

Kennebec livers. S 

23. Mr. Burnham's survey of the river Quelle, and of the source ^ .^ 

of Black river. S 

24. Mr. Carlile's survey of the rivers. 19 

25. Mr. Burnham's survey of the sources of the Metjarmette, ) cq 

Penobscot, and St. John rivers. ) 

26. Mr. Carlile's survey of the same source. 21 

27. Col. Bouchett's barometrical section of the line north fiom ) ,-, ■> 

the St. Croix. ^ ^ "" 

28. Extract from Carrigan's map of New Hampshire. C 

" from Mitchell's map of Connecticut river. 1) 

Col. Bouchett's, concerning the parallel line. E 

29. Extract from Mitchell's map, as first filed by the British 

agent. 

30. Plan of the former survey of the latitude of forty-five degrees 

north, in 1774. 



ADDITIONAL. 



Map of the country explored in the years 1817, ISIS, 1819, and 1820, 
by order of the commissioners under the 5th article of the treaty 
of Ghent. 



158 [ Senate Doc. No. 171. ] 

MAPS RKFERBED TO IN THK BRITISH AGENt's REPLY. 

A. Map (»r Connecticut river, by Dr. Tiarks. 

I). Streams tiibutary to Connecticut river, by Mr. Burnhani. 

C. Kxiract lioni (,'anigan's inaj) of New Hampshire. 

D. Extracts iVom ISIitchell's map, sliowing the heads of Connecticut 

liver. 

E. Col. Bouchett's plan, showing:; the dilTerent lines considered as the 

parallel of -15^ north. 

F. Mr. Campbell's sketch of tho height of land, annexed to Mr. Odell's 

report of tl.e survey of 1819. 

G. Mr. OJell's plan of the survey of the Restook, with a sketch of the 

country as viewed, hill and the vicinity of Houlton. 
II. Extract from Mr. OdilPs plan of the due north line, explored in 

1518. 
I. General extract from Mitchell's map. 
K. Corrected copy of san-ie extract. 

Filed August 14, 1821. 

S. HALE, Secretary. 

TITLE OF THE BRITISH. 

This atlas (containing the copies of m.ips and parts of maps and plans, 
with the exception of ihe last Mitchell's map, \vliich was filed as thereon 
staled) accompanied the answering argument of the agent of H. B. Maj- 
esty, filed on the 14th of August last. 



No. 20. 



Letter from the Governor of Maijie to the President of the United 

States, dated 

Portland, May 19, 1S2T. 

Sir : The situation in which this State is placed, in consequence of 
tlie unexecuted provision of the treaty of Ghent lelative to its north- 
eastern f)oundary, imposes upon me a duty which I am not permitted to 
compromise by my feelings of respect for yourself, and the high authority 
with which you arc invested. However discouraging may have l)een 
the correspondence 1 have had with the Secretary of State, 1 cannot de- 
cline a course deliberately determined upon, or admit the belief that a 
representation relating to the wellare of Maine can be unwelcome. It 
is not the C()mparatively light concern of a passing favor, or the import 
of a transient measure, that I am about to urge ; but it is that of making a 
iiKMuoiial for considcralion and recorci, as to ihe demesne ami jurisdiction 
(tf thi-! member of the Union. 

Obliged to (lepfMul principally for information upon rumor, the tenacity 
of knowledge, which is power, has in)t, however, concealed the fact that 
i!ie British Government has made a claim enibracing a large tract of 
country adjacent to the Province ol New Brunswick. InformaticMi from 
\ai ious sources cannot fail to have produced on your mind a just impres- 
sion ol the importance coiiiinunicaled to that teiritory in (efcrcrice to 
value and jurisdiction, by its quiliiies of soil, its variety of native pro- 



[ Senate Doc. No. 171. j 159 

ductions, its streams, its situation, and all those properties calculated to 
render it not only a strong interior barrier to invasion, but iVuitiul of the 
means of prosperity to our luaritinie frontier. The State of Maine 
claims the |)ropriety in an undivided moiety, and the entire jurisdiction, 
as far as consistent with the paramount power of the United States, in 
relation to that extensive tract. Having learned that ihe title thereto 
is involved in the details of a diplomatic arrangement, conducted under 
the sanction of the execiitive department of the Federal Government, 
Maine, although not consulted, yet bound, from deference, to pay a due 
lespect to reasons the nature and force of which she is, from a studious 
and mysterious reserve, rendered unable to comprehend, believes she 
ought to present her expostulations in regard to any measures threatening 
her with injury. 

The Secretary of State has informed me that the disputed claims to 
land along our northeastern boundary are to be submitted to arbitration. 
By arbitration, I understand a submission to some foreign Sovereign or 
State, who will decide at pleasure on the whole subject ; who will be 
under no absolute obligations or etlectual reotraint, by virtue of the 
treaty of 178o; whose conscience will not be boynd to impartiality and 
justice by the solemn sanction of an oath ; and whose feelings may nat- 
urally be biased against a republic accused of inordinate ambition, and in 
whose peace and prosperity there is an interesting lesson and example 
for nations. 

The treaty-making power of tiie United States on one side, and his 
Britannic Majesty on the other, engage to consider the decision of the 
arbitrator final and conclusive. Let me say that to a surrender of terri- 
tory, involved as a possibility, it will, I trust, be made evident that there 
is another party, not to be an indifl'erent spectator of its own delaceration. 
The mind, in contemplating our prospects, is carried to the couits of 
Europe, and led to scan the tril)unals to which you may refer this sub- 
ject. It would be unsuitable for me to comment on the dispositions or 
talents of loreign Sovereigns or States; but it is not in cold blood that i 
can anticipate the committing tiie destinies of Maine to an irresponsible 
arbiter, to be found in a distant land, and necessarily unqualified to act 
in the case. The character of this arbitership has been portentously 
exhibited by Mr. Gallatin in that letter in which, on the authority of 
intelligence from New Brunswick, he most erroneously ascribed an 
interposition, by the agents of Massachusetts and Maine, as to a compro- 
mise of our boundary. Sutfico it to say, that the proposed arbitration 
will jeopardize, without her consent, and against her will, the rights of 
Maine ; and allow me to add, that if called upon to tnake the required 
sacrifice, she will be comj)elled to deliberate on an alternative \vhich 
will test the strictness of her piinciples and the firmness of her temper. 
The acknowledgment of the motiier country, and the exercise of the 
inherent power of the people, formed Massachusetts into a body j)olitic, 
originally independent of the present Union, and of every foreign Gov- 
einment. All the territorial and jurisdictional rights which she could 
acquire were absolutely her own, and remain so to this day, (;xce]^ting 
so far as she has granted them to the United States or to Maine. 'I'he 
treaty of 1783, containing the acknowledgment of her emancipation, and 
exaltation to self-government, was not with the States, exclusi\ely, as a 



IGO [ Senate Doc. No. 171. J 

federal body, hut partially at least as independent communities; that 
is to say. il" in some poinis ol' view they appeared as Jbiming a national, 
in oilier tlit-y were re;i;arded as hein^ an allied association. Hence the 
acknowledfitnent of inile|)endence applied distinctly to each State, as did 
also the relincjuishment by the Kin^ of Cii eat Britain of "the propriety 
and territorial rights of the same and every part thereof." It is necessary 
to notice, that at the period of the negotiation of the treaty of peace, the 
•confederation, to a slight extent, and in reference to a few objects, drew 
the States into concert, and gave them a unity of character; but the 
most superlicial examination sbows that the confederacy had not a com- 
mon interest in territory or territorial lights, and that the recognition of 
these bore upon the ancient colonies oidy as they held under their 
ciiarters, or as the fruits of their wisdom and valor, in fee simple and 
absolute sovereignty. 

When, by the ratihcalion of the conventions of the States, Massachu- 
setts suirendcied to a superintending agency a portion of her power, she 
yielded no right to dispose of her soil, or to abstract any pai t of it iVom 
her jurisdiction. She impaited no authority to enter into new engage- 
ments, or, what may be equivalent, to modify the means of enforcing an 
existing provision of an original compact, made in jiart with herself, nor 
to cxj)ose, without her own consent or that of her successor and repre- 
sentative, to the fate of foreign arbitrament, her dearly puichased and 
sacred rights. On the contrary, Maine, now standing in the place of 
I)or parent republic, may deem the filth article of the treaty of Ghent" as 
having led to a course endangering her rights, and rendered more pain- 
ful and alarming by her exclusion from a j)roper intercommunication and 
legitimate consideration, as a party in the case, 

vN'hatever character appertained to the confedcriition, or to those wiio 
entered into that holy league, it is manifest that the States were not 
identitied and confounded with the b'nion in relation to the question here 
presented, under the oiiginal treaty of peace and limits. 1 must, theVe- 
fore, respectfully urge, that however the policy and principles of the 
executive de[)artment of the Federal Government may dictate the impo- 
sition upon Maine of silence and forbearance, and however plainly may 
be indicated the disposition to treat the subject as if merely national, 
she will not observe any procedure by the United States and Great 
Britain, for the severance of her territory and the abrogation of her author- 
ity, without a sensibility too serious to be passive. She holds that her 
domain is not the subject of partition. 

I pause, to render more obvious the relevancy of these remarks. Of 
two principles on which it dejiends, it may be sullicient to state but one. 
Tlic |)owei' of subjecting to arbitration, with an absolute right in the ar"- 
biter to form and establish a terr itoi ial limit, is etprivalent to the [jower 
of ceding territory. The arbiter' is the legal substitute and mutual agent 
of the parlies, in (his case assumed to be the United States and Great 
Britain ; his acts are their- acts, and there is a positive pledge to an un- 
conditional obedience to his behest. It is the delegation of the sove- 
reignty of a des|)ot. The eJlVct may Ik- the cession of all Maine, or of 
ordv a |)art ; but if of .uiy, the (Jover riimrit of the United States will 
participate, by an un^uribor iz^.'d submission, in the injustice of the 
umpire. 



[ Senate Doc. No. 171. ] 16 i 

It is not controverted that the control of our foreign relations belongs 
to the United States, as to objects which have arisen under the constitu- 
tion or existing laws ; but in regard to rights acquired by an independent 
party, and interests in property vested by acts anterior to the existence 
of that compact, the interposition by the Federal Executive, without an 
express grant of power, seems to be gratuitous. No statesman will as- 
sert that the treaty-making power is competent to an act transcending 
the scope of the combined trusts of the Government. 

I advert to principles familiar to your mind, because it is my duty to 
present the opinions here entertained. What, then, is the authority, or 
agency, which, it may be assumed, would produce no remonstrances from 
the State the most deeply concerned ? Not surely that which admits of 
what is termed by Mr. Gallatin splitting the difference, nor of conceding 
property which does not belong to the United States, nor curtailing a 
jurisdiction above their rightful control. Whatever may be urged to the 
contrary, it is confidently asserted, not only that the provision of the 
treaty of 1783 is imperative, but that it describes our boundary with a 
precision which shames the British claim, and, connected with the making 
of that claim, casts a shade over the lustre of the British character. By 
negations we may sometimes arrive at an affirmative. I say, then, that 
the boundary on the surface of the earth does not rest along the Penob- 
scot, which the British, then perhaps contemplating that vast empire 
they anticipated in North America, insidiously and surreptitiously seized 
during the late war. That boundary cannot be established there. It 
does not rest where the British minister has presumed to place it. The 
making the claim does not determine its justice ; nor the obstinacy of 
persisting in it create with this powerful nation the necessity of a con- 
cession, which will as surely be followed by a more enormous one, as it 
is certain that the Roman empire was ignominiously subjugated through 
the base spirit of submission to incipient wrong. Enough has been said 
to meet the obvious and natural inquiry, what is expected of the Govern- 
ment, or, may I not say, what is demanded of it? It knows the demerit 
of the British claim ; it is conscious of the rights of Maine ; and here- 
after it cannot be said that her views have not been exhibited. She 
might therefore be forever justified in the exercise of her jurisdiction 
and sovereign State rights over the disputed ground. Her faith is not 
pledged, nor is that of the Union, to permit any reduction of her actual 
territory ; and there is no artifice of construction or force of authority to 
break off that great component part of her domain now assailed, and to 
bind her judgment to acquiescence. The cession would be nugatory ; 
and if, for a time, she should be compelled to submit to it, the abeyance 
produced by power will not preclude the right of resumption which 
justice may at some period award. 

It has been urged that this concern is so exclusively national, that 
Maine is obtrusive in presenting her views to the consideration of the 
Executive. It is, nevertheless, believed that she is under high obliga- 
tions vigilantly to supervise her interests, freely to assert her rights, and 
not to yield readily to the discouraging but perfectly natural inclination, 
to see in her conduct the humblest deference, and an entire, unquestion- 
ing, improvident obedience- She commits no intentional error, and 
communes with the frankness which belongs to her independence, her 
11 



lb'2 [ Senate Doc. Nu. 171. ] 

character, and her station with her sister republics and with the Union. 
In doing so she evinces her respect for their integrity, intelligence, and 

f»atriotism ; and she avoids, by a prudent forecast, that danger of col- 
ision bred from present distrust, and that querulous and exasperated 
temper usually exhibited when the evils of measures are experienced, 
and when causes are appreciated by their effects. 

Repeating to you the expression of my regret that you have been 
pleased to refuse that information contemplated by a resolution of the 
State, I shall, nevertheless, continue to hope for the preservation, under 
the protecting care of Government, of that now exposed territory, des- 
tined, under any proprietor, to be soon occupied by a numerous popula- 
tion, engaged in all the pursuits which sustain human life and adorn hu- 
man nature 



No. 21 



Letter from thu Oovernor of Maine to the Secretary of State of th% 

United States. 

Portland, April 29, 1827, 

Sir I am induced, by considerations which I deem important, to avail 
myself of your obliging offer, to obtain copies of all the papers in your 
office, relative to the boundary between this Stale and New Brunswick, 
which the President may permit to be transmitted. This request applies 
to maps, with the exception of the map already furnished of the country 
explored in the years 1817, 1818, 1819, and 1820, by order of the com- 
missioners under the fifth article of the treaty of Ghent, by Hiram Burn* 
ham. United States surveyor. 

I have the honor also to solicit transcripts of the arguments of Mr, 
Chipman and Mr. Sullivan, as agents under the commission for deter- 
mining the true St. Croix; and of the arguments of Mr. Austin and Mr. 
Chipman, under the fourth article of the treaty of Ghent, together with 
the report of the commissioners in both cases. 

Excuse me for adverting to the punctilio of expense, which I shall 
wish to see liquidated. 

I have made a communication to the President on the subject of our 
Northeastern boundary, which you will perceive from its nature was ne- 
cessarily directed immediately to him 



No. 22. 



Letter from the Secretary oj State of the United States to the Qovernor 

of Maine. 

Washington, June 9, 1827. 
Sir ; The President has received the letter which your excellency- 
addressed to him, under date the 29th ultimo , and I am'charged by him 
to convey to you his assurances that your observations on the interesting 



[ Senate Doc. No. 171. ] 163 

subject of our Northeastern boundary shall receive attentive and re- 
spectful consideration. I beg leave .to add, that, in no contingency is 
any arbitration of the difference between the United States and Great 
Britain, relative to that boundary, contemplated, but that for which pro- 
vision has been solemnly made by treaty. It would afford great satis- 
faction to the President if a resort to that alternative for quieting the 
dispute could be avoided, by obtaining from Great Britain an explicit 
acknowledgment of the territorial claims of Maine in their whole extent. 
Candor, however, compels me to state that the prospects of such an 
acknowledgment, at the present time, are not encouraging. 



No. 23. 



Letter from Daniel Brent, Esq., of the Department of State oftht United 
Slates, to the Governor of Maine. 

Washington, June 15, 1837 

Sir ; I was directed by the Secretary, before his departure from this 
city, a few days ago, on a visit to Kentucky, to have copies prepared of 
the books, &c., requested in your letter to him of the 29th of May, 
and to transmit them to your excellency, with all possible despatch ; and 
I have just collected together the manuscript books containing the argu- 
ments of Mr. Chipman and Mr. Sullivan, agents under the commission 
for determining the true St. Croix, and those containing the arguments 
of Mr, Austin and Mr. Chipman, agents under the 4th article of the 
treaty of Ghent, together with the reports of the commissioners in both 
cases, fourteen in number, and averaging, each, about two hundred and 
fifty pages of close writing on foolscap paper ; transcripts of these being 
particularly noticed by you as wanting. Added to those, the arguments, 
reports, and papers, including the maps under the 5th article of the treaty 
of Ghent, which come, it would seem to me, within the scope of your 
request, embrace a mass of writing nearly as voluminous as that of these 
books. I take the liberty, under these circumstances, of troubling your 
excellency with this communication, to apprize you of the extent of the 
transcripts which appear to be thus required, and of the delay which 
must, of consequence, attend the execution of your excellency's commis- 
sion, as it is at present understood by me. 

I beg leave, however, to state, that the subject is involved in so much 
obsurity, from the prolix and complicated arguments, reports, and re- 
plies of the several commissioners, agents, astronomers, and surveyors, 
that 1 do not like to venture upon making a selection for the copyists, 
though I feel fully persuaded that this might be advantageously done, to 
<he great abridgment of their work, and to the expediting of the fulfil- 
ment of your wish. The Senators from your State, Messrs. Holmes and 
Chandler, have seen the books, and, as well as I recollect, were furnish- 
ed with copious extracts from them ; and perhaps they might favor this 
Department, through your excellency, with some suggestion leading to 
3 convenient curtailment, which should, nevertheless, be entirely com- 
patible with your excellency's object in reference to the copies required 
by you. 



164 [ Senate Doc. No. 171. ] 

No. 24. 

Letter from the Governor of Maine to Daniel Brent, Esq., of the De- 
partment of State of the United States. 

Portland, July 14, 1827. 

Sir : ! had the honor to receive your letter, referring me to the Hon. 
Messrs. Holmes and Chandler, as to reducing the amount of the draught 
I had made on the prolfered kindness of the Secretary of State. I have 
availed myself of all possible benefit from your suggestion ; but am. still 
disposed to accept, without reservation, the favor he so politely tender- 
ed ; which is done with the greater sense of obligation, because that fa- 
vor cannot embrace the principal objects first contemplated, and is there- 
fore rendered more valuable as to the residue. It is also believed that 
Maine ought not to lose the opportunity of placing among her archives 
all those documents which she can obtain relating to a concern so im- 
portaDt as that of a third of her territory. 



Extract of a letter from the Governor of Massachusetts to the Governor 
of Maine, dated Executive Deportment cf Massachusetts, 

Boston, July 2, 1827. 
*' I beg also to avail myself of this opportunity to acknowledge the re- 
ceipt of several interesting communications from your excellenc}* in 
reference to the Northeastern boundary, which will receive the most re* 
spectful and faithful consideration. My own opinion of the importance 
of the general views which you have, in detail, and with great force, 
presented on this subject, has been heretofore expressed in official com- 
munications to the Legislature of this Commonwealth, and in a corre» 
Bpondence had with the Department of State of the United States." 



No. 25. 



Ltttfr from the Governor of Maine to the Secrctbry qf State of the 

United States. 

Portland, September 3, 1827. 
Sir : Since I had the honor of addressing you on the subject of the 
Northeanern boundary of this State, facts have been placed within my 
knowledge which, more imperatively than any other, urge me to solicit the 
attention of the President to the situation in which we are placed. It is 
now rendered evident that the representation made to you, and convau- 
nicated in your letter of the 27th of INIarch last, that the British Go\ ern- 
ment has abstained from the performance of any new acts wliich might 
be construed into an exercise of the rights of sovereignty or soil over the 
disputed territory, was entirely incorrect. That representation, connected 
■with the recommendation by the President, has undoubtedly had much 
influence with Maine in producing a forbearance which will probably be 



[ Senate Doc. No, 171. J 165 

objected against her, in comparison with the opposite course by Great 
Britain, as containing an implied acknowledgment of the rightfulness of 
the jurisdiction which has been exercised for years, by a foreign Power, 
in the manner and to an extent which I beg Uravc now to exhibit, as pre- 
sented to me by credible testimony. Along the St. Jolm's river, following 
it up westwardly from the junction of the Madawaska, is a very flourishing 
settlement, containing a considerable number of peaceably disposed and 
industrious inhabitants. Among these is a proportion of American emi- 
grants, some of whom hold their lands under deeds from Massachusetts 
and Main*, and the others, or nearly all of them, are anxious to obtain 
titles in the same way. The latter at present occupy as tenants at suffer- 
ance, and neither recognise the lands as being crown lands, nor do they 
voluntarily submit to British authority. These persons the Government 
of New Brunswick treats in all respects as aliens, denies their right to hold 
real estate, assesses upon them the alien tax, and refuses to permit to them 
the transmission of their produce as American. I forbear to speak of 
many acts of violence and petty vexation of which they also complain. 
The other inhabitants are uniformly treated as British subjects, and new 
acts of jurisdiction, even to requirement of military duty, are as frequent- 
ly exercised as the ordinary operations of a municipal control require. 
Before expressing to you the sentiments which should be connected with 
the exhibition of these facts, allow me to ask your attention to the sacrifice to 
which Maine is submitting, while her formidable adversary is thus Indus- 
triously fortifying his positions. She owns, as it is believed, as clearly as 
she owns any other portion of property, a tract of not less than six millions 
of acres, which, with the exception of about a million and a half, situated 
northeastward of the St. John's and Madawaska, is generally valuable 
for spil and timber, so that the latter along one river has been estimated 
to be worth §180,000, which is only equal to an average of ^150 per 
square mile. The use of these vast resources is forbidden to her by the 
circumstance that a claim is made upon it by a foreign Power, and by 
the respect she entertains for the President's recommendation of a mutual 
forbearance ; yet that Power is, in the mean time, applying its jurisdiction 
in the same manner as if the representations of its minister created no 
pledge and no obligations to sustain their correctness. While it is natural 
that the same Power should seek to render the Province of New Bruns- 
wick wealthy and powerful, by the prize it hopes to win, it miglit have 
"been expected that there should be no repugnance between its acts 
and declarations. The case which will be presented must, as you 
perceive, necessarily require of Maine a consideration of the duties she 
ov/es to her citizens, not left in the condition of neutral subjects without 
government, as has been supposed, but actually subjugated. 

To allow our lands to remain uncultivated, and our public improve- 
raenls to be postponed through a State necessity, is a sacrifice capable of 
being endured, compared with that of seeing dominion usurped over those 
who owe us allegiance, and to whom protection is duo. It has been the 
doctrine of the Government, and of a great portion of the people of the 
United States, at times when Great Britain was heretofore prosecuting 
claims against this country, more extensive, but not less unjust than the 
present, that an injury to a single citizen inflicted a wound upon the body 
politic; and that an evil inflicted upon a pyrt, demanded the making a 
common cause for its remedy. 



166 [ Senate Doc. No. 171 ] 

In such a sentiment, believed to be now as fully as ever entertained, I 
find my apology for this renewed appeal for protection of the interests of 
Maine'against^he reduction of its territory, and the oppression of its citi- 
zens through foreign interposition. 

Availing myself of the present opportunity to offer the President a 
further view of this subject, which I omitted purposely on former occa- 
sions, it is tiattering to be able to bring in aid the analogy of the opinions 
understood by the nation to have been uniformly entertained by oiu- states- 
men and jurists in the case of the Mississippi. It being assumed that the 
protection solicited will be yielded, and that the property demanded can- 
not be surrendered in any lorm, or under any mode of procedure, except 
as superior force may compel submission to a cession of State territory, it 
IS natural to advert "to the value of the property at stake. That value 
is so enhanced as to place it beyond calculation, when we apply the doc- 
trine applied to the navigation of the Mississippi, that the ownership of 
the head-waters of rivers gives the right of free navigation to their sources. 
The doctrine, subject to some modification of a political and fiscal charac- 
ter, has the same application under the laws of nature and nations, in ref- 
erence to our neht of navigation through the St. John's, as this nation al- 
ways demanded for it in connexion wUh the great question with Spain 
which called it into view. Let me entreat you, then, to look at once to 
the exciting cause of the cupidity of Great Britain, and the anxiety of 
Maine as to this profiigate claim. The materials for ship-building on the 
disputed territory mav be called inexhaustible, and the soil is so fertile 
that the Madawaska settlement exports many thousand bushels of grain 
The towns near the bay of Fundy, both on the Schoodic and St. John's, 
under the exclusive policy of Great J3ritain, derive immense annual profits 
from ship-building ; and they look with an unholy interest and intent on 
the extensive forests of Maiiic. If the merits of the case admitted more 
measured terms, I should use them ; but, believing that all posterity would 
reprobate the weakness of yielding what is at onco so rightfully ours, and 
so important, I use the freedom which the occasion demands. Beyond what 
I have urged, let me add that there will be, if you shall defeat the claim 
upon our territory, a facility of artificial water communication, which, re- 
garding its extent, is unparalleled in the geography of this country. It will 
embrace all the waters of the St. John's, Penobscot, Kennebec, and St. 
Lawrence, 

If the Genpral Government will employ an agent of this State, it will, 
I am sure, be responsible for proving to him the correctness of all I have 
stated, to his entire satisfaction, and in the most authentic forms. 

I cannot close without assuring you of my confirmed belief, that Maine 
will never assent to the result of an arbitration unfavorable to her inter- 
ests, in the great concern in reference to which my duty has compelled me 
to trouble you with my repeated communications. 



[ Senate Doc. No. 171. ] 167 

No. 26. 

Letter from the Secretary qf State of the United States to the Governor 

of Maine. 

Washington, September 14, 18:87. 

Sifi : I have received the letter which your excellency did me the honor 
to address to me on the 3d instant, and I have lost no time in trans- 
mitting a copy of it to the President of the United States, who will no 
doubt give to it the most respectful and deliberate examination. In the 
mean time I have also transmitted an extract from it to the British minis- 
ter, accompanied by the expression that the necessary orders will be given, 
on the part of the British Government, to enforce that mutual forbearance 
from any new acts tending to strengthen the claims of either party to Ihe 
disputed' territory, which it has been understood, in the correspondence 
between Mr. Vaughan and myself, would be observed on both sides. 



No= 27, 



Letter frovi the Governor of Maine to the Lieutenant Governor of 

New Brunswick. 

Portland, October 22, 1827. 

Sir : It has been represented to me, as Governor of the State of Maine, 
that one of its citizens, of the name of John Baker, while residing on its 
territory, has been arrested, and is detained in jail at Frederickton. A 
circumstance so interesting to the peace and character of the State and 
country, compels me to solicit information, which I do with the respect 
and amicable disposition due authorities of a neighboring Government. 
It is hoped that you will be pleased to communicate all the facts in the 
case, and that the result will be to allay the anxiety produced by the im- 
pression that the privileges of an American citizen and the jurisdiction of 
a sovereign Power have been invaded. Maine has not only a wish to be 
amicably connected with New Brunswick, but her interests impel her to 
seek a friendly intercommunication ; yet you must be aware that honor 
and justice demand of her the utmost respect and devotion, on her part, to 
the rights of every citizen. 

The attempt to extend the jurisdiction of New Brunswick over the dis- 
puted territory will compel counteraction from Maine. The result must 
be productive of so much evil, that it is not deemed indelicate or disre- 
spectful to advert to it. The arrest of our citizens, on what we believe to 
be a part of our State, will demand its utmost energies for resistance. 



1()8 [ Senate Doc. No. 171. ] 

No. 28. 

Mr Daveh's appointment. 

STATE OF MAINE. 

Secretary of State's Office, 

Portland, November 5, 1827. 
Sir : I am directed to inform yoit that you have this day been appoint- 
ed by the Governor of this State an agent, with authority to act in behalf 
of the State of Maine, in obtaining information, either informal, or by au- 
thenticated statements, as to all objects relating to rights of property and 
jurisdiction between the Governments of the said State and the Province 
of New Brunswick. 

I have the honor to be, with great respect, your most obedient servant, 

AxMOS NICHOLS, Secretary of State. 
Charles Stuart Daveis, Esq., Portland. 



No. 29. 



Letter from the Goverrior of the State of Maine to the Lieutenant 
Governor of Neiv Brunswick. 

Pohtland, November 5, 1827. 

Sir : 1 have the honor to solicit your friendly reception of Charles S. 
Daveis, Esq., appointed to obtain information relative to our border diffi- 
culties. It has been considered due to yourself to select, for this agency, 
a gentleman of high character, and who, in the most acceptable manner, 
may inquire into concerns calculated to produce a war between the United 
States and Great Britain, unless, by the forbearance of injurif^s by New 
Brunswick and Maine, it may be prevented. 

In whatever point of view you may regard this subject, I have full 
confidence that you will permit Mr. Daveis, if only in the capacity of a 
stranger and a gentleman, to pass, with your countenance, through the 
territory over which you preside, to the different portions of country he 
may wish to visit, for the purpose of ascertaining the facts relative to 
complaints of violence and injustice committed on the citizens of Maine, 

This measure has been adopted, not to interrupt, but to cherish the most 
respectful sentiments and amicable disposition between all those who 
may be concerned. 

Mr. Davcis's authority does not specially designate his object ; but you 
are requested to consider him as fully empowered to demand the release 
of John Baker, a citizen of Maine, said to be confined in the jail at 
Frederickton, and that the persons who arrested him and conveyed him 
there may be delivered up to be tried by the laws of this State, and dealt 
with as justice may require. 



I Seiia(c Doc. No. 171. ] 169 

No. 30. 

Letter /rant the Secretary oj' State of the United States to the Governor 

of Maine. 

Washington, October 30, 1827. 

Sir : Miave comnntted to the charge of Mr. VVilham Prentiss, who will 
have the honor to dehver them and this letter to your excellency, and 
who is employed for that purpose, twenty-four manuscript volumes of 
books, according to the accompanying list, on the subject of the North 
and Northeasterly boundary lines of the United States, prepared at this 
office for the State of Maine, conformably with the suggestions and de- 
sire expressed by your excellency. From the extent of these manuscripts, 
it is more than probable that they embrace copies of a great deal more, 
in documents, discussion and argument, than was in the contemplation of 
your excellency, or than was desired for the use of your State^ but to 
secure a full compliance with your excellency's views, and to guard 
against any deficiency, I gave directions to have a transcript made of 
every thing which might by possibility bo useful or interesting upon the 
occasion, having the remotest bearing upon the subject, v/ith the limita- 
tion stated in my previous correspondence ; and as the selection was 
necessarily committed to others, who may not have had a very accurate 
view of the extent of the commission intrusted to them, it is not improb- 
able that it may comprise much which may be found superfluous. 

I seiid also forty-two copies of maps, likewise prepared with the same 
views, and under the- same circumstances, which Mr. Prentiss will also 
have llie honor to deliver to your excellency. 



No. 31. 



Letter Jiuia the Gove, imr of Maine to the Secretary of State of ilie. 
' - i'nited States. 

Portland, Noveml)cr 16, 1827. 

Nik : I have received the documents you caused to be transmitted, with 
the satisfaction naturally excited by so valuable a testimonial of regard 
toi' the wishes of this State. An attention which has occasioned so much 
troiible, cannot fail to produce a strong sentiment of respect, and to call 
into action a proper sensibility, in acknowledgment of a burdensome ser- 
vice, from those very deeply interested in obtaining it. 

I have also this day received your communication of tlie date of the 
loth instant. From its contents, I am made sensible that tlie objections- 
I have had the honor to urge against the submission to a foreign umpire 
of the territorial and jurisdictional rights of Maine, without consulting or 
advising her as to the conditions, have not been deemed available. If any 
injury shall result to her, the appeal will be made to the people of this 
country and to posterity. It has not seemed arrogant or presumptuous 
to have expected a recognition of her rights, and to have asked that if she 
is to be made a sacrifice, she might not be devoted, without some con- 
sideration on her part, of the terms. 
12 



170 [ Senate Doc. No. 171. ] 

It IS not probable that your various important engagements can have 
allowed to my Ibrmer comnuniications more than the cursory glance 
which enables the oilicer in most cases to despatch business, especially in 
those cases in regard to which he has marked out his course ; but, to save 
repetition, I must ask your indulgence to refer to those communications 
as containing statements and principles near to the hearts and mterests 
of this community. When you cautioned us against suggestions of com- 
promise and acts of precaution, it was not believed that it was that you 
might the more easily throw us within the power of an umpire, but that 
you intended to intimate that the powerful arm of the Federal Govern- 
ment was holding its ample shield before us. At last we learn that our 
strength, security, and wealth, are to be subjected to the mercy of a foreign 
individual, who, it has been said by your minister, " rarely decides upon 
strict principles of law," and *' has always a bias to try, if possible, to 
spill the dift'erence." I cannot but yield to the impulse of saying, most 
respectfully, that Maine has not been treated as she has endeavored to 
deserve. 

The painful duty of laying before you the testimony to prove the 
aggressions committed upon citizens of this State by inhabitants of New 
Brunswick, was seasonably discharged. It is feared that the violence 
committed has been but the commencement of a system. The President 
will surely bestow his attention upon the case of John Baker, who is 
stated to have been arrested on land conveyed to iiim in fee simple, 
in the year 1825, by the Commonwealth of Massachusetts and the State 
of Maine. The conveyance was virtually a certificate of citizenship, 
and a pledge for protection. It was also an act of State policy, a 
deliberate political measure, and the "old commonwealth" and this re- 
public may well call upon the President and Secretary of State to be 
their protectors. All those who have contended against the impressment of 
the sailor in our ships, will resent the arrest of the yeoman on the frontier. 
Connecting this injury with others which have been suffered and threaten- 
ed, it has been deemed proper to ap])oint an agent of the State to inquire, 
in a friendly and respectful manner, into the facts, whose report will en- 
able me to answer fully and correctly the questions you have proposed. 
It is with great deference submitted that every investigation of this sub- 
ject will satisfy the Federal Government that the representations I have 
had the honor to i)rcsent might have been worthy a serious consideration, 
which I doubt not they have received, although possibly too late. The 
communications to the Lieutenant Governor of New Brunswick, and 
other documents, will accompany this letter. 



No. 32. 

.sTATK OK MAINK. 

BY I'flK OOVERNOK OF THE STATE OF MAINE. 

A PROCLAMATION. 

Whereas it has been made known to this State, that (Uie of its citizens 
has been conveyed from it by a foreign Power, to a jail in the Province 
of New Brunswick: and that many trespasses have been coimnittcd by 



[ Senate Doc. No. 171. ] 171 

inhabitants of the same Provinc^c upon the sovereignty of Maine, and tlie 
rights of those she is bound to protect : 

Be it also known, that, relying on the Government and people of the 
Union, the proper exertion will be applied to obtain reparation and se- 
curity. 

Those, therefore, suftering wrong, or threatened with it, and those in- 
terested by sympathy, on account of the violation of our territory and im- 
munhies, are exhorted to forbearance and peace, so that the prepara- 
tions for preventing the removal of our land-marks, and guarding the sa- 
cred and inestimable rights of American citizens, may not be embarrassed 
by any unauthorized acts. 

ENOCH LINCOLN. 

By the Governor : 

Amos Nichols, Secretary of State. 

Council Chamber, 
Portland, Nov. 9, 1827. 



No. 33. 



Extract of a letter from the Secretary of State of the United States to 
the Governor of Maine. 

Washington, November 27, 1827. 

Sir : I have to acknowledge the receipt of the letter which your excel- 
lency did me the honor to address to me on the 16th instant, with its ac- 
companiments, all of which have been laid before the President. He 
sees, with great regret, the expression of the sentiment of your excellency, 
that " Maine has not been treated as she has endeavored to deserve." 
Without engaging, at this time, in a discussion of the whole subject of our 
dispute with Great Britain about the Northeastern boundary of the Uni- 
ted' States, in which the State of Maine is so deeply interested, which 
would be altogether unprofitable, I am sure I shall obtain your excellen- 
cy's indulgence for one or two general observations, which seem called 
for by the above sentiment. 

By the treaty of Ghent, on the contingency, which unhappily occurred, 
of a non-concurrence between the British and American commissioners 
in fixing that boundary, they were directed respectively to report to their 
Governments, and the difference thus left unadjusted was to be referred 
to a sovereign arbitrator. Your excellency, in the course of the corre- 
spondence which has passed between you and this Department, has pro- 
tested against this reference, and your objections to it have received the 
most respectful consideration. The fulfilment of solemn obligations im- 
posed upon the United States by the faith of treaties ; and the duty with 
which the President is charged by the constitution, of taking care that the 
laws (of which our treaties with foreign Powers form part) be faithfully 
executed, did not appear to leave him at liberty to decline the stipulated 
reference. If any other practical mode of settling the difterences had oc- 
curred, or been suggested by your excellency, to the President, it would 
have received friendly and deliberate consideration. 



172 [ Senate Doc. No. 171. ] 

It IS certainly most dpsirable that nations should arrange all dift'cr- 
ences between them by direct negotiatidu, rather than through the 
friendly agency ot' tiiird Powers. 'I'his has been attempted, and has 
t'ailed. The Government ot' the United States is fully^ convinced that the 
right to the territory in dispute is with us, and not with Great Britain, 
The convictions of Maine are not stronger in respect to the validity ol" 
our title than those whicli are entertained by the President. But Great 
Britain professes to believe the contrary. The parties cannot come to the 
same conclusion. In this state of things what ought to be done ? National 
disputes can be settled only amicably or by an appeal to the sword. All 
will agree that before resorting lo the latter dreadful alternative, every 
friendly and peaceful measure should be tried and have failed. It is a 
happy expedient, wliere nations cannot themselves adjust their differences, 
to avail themselves of the umpirage of a friendly and impartial Power. 
It multiplies the chances of avoiding the greatest of himian calamities. 
It is true that it is a mode not free from all objection, and Mr. Gallatin 
has adverted to one, in the extract which you give from one of his de- 
spatches. But, objectionable as it may be, it is better, and not more un- 
certain, than the events of war. Your excellency seems to think that the 
clearness of our right should prevent the submission of the controversy 
to an arbitrator. But tlie other party professes to be equally convinced 
of the indisputable nature of his claim ; and if that consideration were to 
operate on the one side, il would equally influence tlie other. The con- 
sequence will Ije at once perceived. Besides, the clearness of our title 
will attend it before the arbitrator, and, if we are not deceived in it, his fa- 
vorable decision is inevitable. 

The President regrets, therefore, that, in conducting the negotiation 
with Great Britain, he could not conform to the views of your excellency, 
by refusing to carry into elTect a treaty, to the execution of which the 
good faith of the nation stood pledged, and which was moreover enjoined 
by the express terms of the constitution. 

But, if he could have brought himself lo disregard this double obliga- 
tion under which he is placed, how could the interests of Maine have 
been advanced ? Both parties stand pledged to each other to practise for- 
bearance, and to abstain from further acts of sovereignty on the inioccu- 
pied waste, until the (juestion of right is settled. If that question caimot 
i>e settled by the parties themselves, and may not be settled by arbitration, 
how is it to be determined? The remaining alternative has been suggest- 
ed. Whether the time has arrived for the use of that, does not belong to 
the President, but to another branch of the Government, to decide. 

I caimot but hope that your excellency, upon a review of the whole 
subject in a spirit of candor, will be disposed to think that the Executive 
of the United States has been endeavoring, with the utmost zeal, in regard 
to our Northeastern boundary, to promote the true interests of the United 
States and the State of Maine ; and that this respectable State har; been 
treated neither witli neglect nor inju'^tif'e. 



[ Senate Doc. No. 171, ] 173 

No. r?-l. 

Letter from the f.ieiiienant Governor of New Brunswick to the Gov- 
ernor of Maine. 

Frederickton, (N. B.) November 15, 1827. 

Sir : I have the iionor to cicknowledge the receipt of your excellency's 
letter ot' the '22d October, requesting mo to communicate all the circum- 
stances respecting the arrest of the individual named in your excellency'*; 
letter. 

It is not for me to question the propriety of your excellency's opening 
a correspondence with the Government of this Province on a question 
now pending in negotiation between his Majesty's Government and the 
Government of the United States, as contracted under the treaty of Ghent: 
but it would nether be consistent with my sense of duty, nor in conformity 
with my instructions, to give the explanations your excellency requests 
to any persons excepting those with whom I am directed to correspond 
or under whose orders 1 am placed. 

Should any reference be made by the General Government of the United 
States to his Majest^'-'s minister, upon this or any other matter connected 
with the Government of this Province, it will be my duty to afford his 
excellency the fullest information, to enable him to give whatever expla- 
nation he may deem proper. 

Although, for these reasons, I must decline any further correspondence 
with your excellency on this subject, yet it is in entire unison with the 
sentiments and disposition which I know to animate his Majesty's Gov- 
ernment, that I take this occasion to assure your excellency of my sincere 
and cordial desire to do all in my power, so far as I personally am at lib- 
erty to use any discretion in the duties with which I am imperatively 
charged, to meet, with respect and consideration, the amicable disposition 
Vv'^hich your excellency professes. I trust m3'" conduct will be found to 
evince a just and manifest solicitude to repress and punish any acts on 
the disputed territory which might lead to the interruption of a good un- 
derstanding between the two countries, and to keep thf question in a state 
propitious for a speedy and amicable adjustment. 



In the Supreme Court — Exchequer side. 

York, to wit : Be it remembered, that Thomas Wetmore, Esq., attor- 
ney general of om* sovereign lord the King for this his Majesty's Province of 
New Brunswick, who prosecutes for our said lord the King, comes in his 
own proper person into the court of our said lord the King, before the 
justices of our said lord the King, at Frederickton, on the seventeenth 
day of September, in the eighth year of tlie reign of our sovereign lord 
the now King, and for our said lord the King, gives the court here to un- 
derstand and be informed : Tliat, whereas a certain tract or parcel of land, 
situate in the parish of Kent, in the county of York, in the said Province, 
and lying on both sides of the river Saint Jolin, between the mouth of the 
Madawaska river and the river Saint Francis, and containing in the whole 
fifty thousand acres, in the hands and possession of our said lord the 



174 [ Senate Doc. No. 171. ] 

Kiiif?, on the first day ot" February, in tlie first year of his reign, and before, 
and conliinuilly after, was, and of riglit ought to be, and yet ought to be, 
in the right otliis imperial erown of the United Kingdom of Great Britain 
and Irehuai, and as part of tlie dominions of our said lord the King, in 
this Province; and for so long u time as there is no remembrance of any 
man to the contrary, has been in the possession of the said lord the King, 
and his predecessors, the Kings and Queens of Great Britain and Ireland, 
and a part of the dominions of the said Crown. Nevertheless, one John 
Baker, of the parish aforesaid, in the county aforesaid, farmer, the laws 
of the said lord the King in nowise regarding, but intending the disheri- 
son of the said lord the King in the premises, on the first day of February, 
in the second year of tiie reign of our said present sovereign lord the 
King, and on divers days and times before and since, with force and 
arms, and without any lawful authority, in and upon the possession of 
the said lord the King, of a part of his said lands, to wit, one hundred 
acres thereof, lying on the west side of the Land Turtle or Mariumpticook 
river, a branch of the said river St. John, at the parish aforesaid, in the 
county atbresaid, intruded and entered, and erected and built thereon a 
certain house and other edifices, and cut and fell divers, to wit, five hundred 
timber and other trees, thereon standing and growing, of the value, to- 
gether, of one hundred pounds; and took and carried away the timber 
and wood arising from the said trees, and of his own will disposed there- 
of; and the issues and profits of the same lands accruing, received and had, 
and yet doth receive and have, to his own use, and still holds and keeps 
possession of the lands ; and the said trespass aforesaid, hitherto and yet 
continuing, to the great annoyance of our said lord the King, in contempt 
of our said lord the King, and contrary to the laws, and against the peace 
of our said lord the King. 

Whereupon the said attorney general of our said lord the King, for the 
said lord the King, prays the advice of the court here in the premises, and 
that the aforesaid John Baker come here to answer the said lord the King 
in the premises. 

T. VVETMORE, Attorney General. 

Endorsed, J. M. Bliss. 

Examined by me, and certified to be a true copy : 

T. R. Wetmore, Clerk to the Attorney General. 

November 28, 1827. 



STATE OF M.'MNE. 

Office of the Secretary of State, 

Portland, February 18, 1S28. 
It is hereby certified that the documents contained in this pamphlet 
have been compared with the originals, records and copies, remaining in 
this office, and appear to be correctly printed, with the exception of the 
(irrors noted in the table of errata. 

H. NICHOLS, Secretary of State. 



. [ Senate Doc. No. 171. ] 175 

STATE OF MAINE. 

In Senatk, February 6, 1828. 
The joint select committee, to whom were referred the communication 
from the Governor of the 2d instant, with the report of the agent appointed 
by the Executive of this State, to inquire into and report upon certain 
facts relating to aggressions upon the rights of the State of Maine, and of 
individual citizens thereof, by inhabitants of the Province of New Bruns- 
wick, and also the accompanying documents, have carefully examined the 
same, and recommend that five hundred copies of the report of the said 
agent be printed ; three hundred thereof for the use of the members of the 
Legislature, and the remaining two hundred to be disposed of at the 
pleasure of the Governor. The committee also recommend the passage of 
the resolve which is herewith submitted. 

JOHN L. MEGQUIER, Chairman. 

In Senate, February 6, 1828. 
Read and accepted. Sent down for concurrence. 

ROBERT P. DUNLAP, President. 

House of Representatives, February 7, 1828. 

The House so far concur with the Senate as to accept that part of the 
report which relates to the printing and distribution of the aforesaid agent's 
report. 

JOHN RUGGLES, Speaker. 



Report of Charles S. Daveis, Esq., agent appointed by the Executive 
of the State of Maine, to inquire into and report upon certain facts 
relating to aggressions upon the rights of the State, and of indi- 
vidual citizens thereof, by inhabitants of the Province of New 
Brunswick. 

Portland, January 31, 1828. 

Sir : I have already acquainted your excellency with my proceedings 
at Frederickton, and the manner in which I had perfomed the duty as- 
signed to me by your appointment, within the Province of New Brunswick. 

In pursuance of the further appointment to inquire into the nature of 
aggressions complained of as having been committed by inhabitants of 
New Brunswick upon persons residing near the frontier, within the limits 
of this State, I endeavored to prosecute the inquiry, and to obtain correct 
information by the best means that were in my power. In the actual 
condition in which your excellency will perceive the whole inhabited por- 
tion of the country bordering upon the river St. John, or any of its branches 
within our boundary, or the region tliat is now termed disputed territory, 
to be, it will be for your excellency to judge with what benefit I could 
have proceeded to the highest points of American settlement, without the 
advantage of a sanction from the adjoining authority. It happened, how- 
ever, that I was enabled, in company with the gentleman appointed to 



176 [ Senate Doc. No. 171. ] 

make conespoiidiiii; inquiries by the President of the United States, to see 
several persons who had come to Houhon from the country above the 
river IMadawaska, in consequence of the state of tilings there existing, or 
who were engaged in opening a winter road, as a communication lor the 
people living on the river Aroostook, direct to that plantation. The state- 
ments of these persons were taken under oath, at my request, before a 
magistrate of the county of ^Vashington. Other testimony has been also 
collected in the same form by another respectable magislTate of the same 
comity, among the settlers on the Aroostook ; and other evidence has like- 
wise been obtained, from which your excellency may be able, in some 
rneasiu'e, to fill up the outlnie thus exhibited in regard to the true state of 
affairs in that quarter. It is proper for me to say, that I should not have 
been deterred from undertaking to complete it, by any apprehension of in- 
convenience, but my situation was not perfectly free from embarrassment ; 
time had been consumed by circumstances beyond my expectation or con- 
trol, and obstacles existed to my progress which would have rendered it 
difficult to procure positive testimony anywhere in the district of country 
upon the river St. John, extending above the river Madawaska. 

The first course of inquiry relates to tlie condition of settlers on the 
river Aroostook. The rights of the Commonwealth of Massachusettrj 
were exercised upon the territory situated on this river, at a very early 
period after the source of the St. Croix was settled under the convention 
of 179-1. In executing this convention, it was distinctly admitted by the 
representatives of the British Government in this country, that the bound- 
ary line of the treaty ot 1783 crossed the St. John. Grants were ac- 
cordingly made by the Legislature of INIassachusetts, of sections of land 
embracing both banks of the Aroostook, and bordering on the boundary 
line, namely: one to the town of Plymouth, and one to General Eaton 
Locations of these lands were made, and surveys were commenced under 
the authority of Massachusetts, and lines were run around one of the 
tracts more tlian twenty years ago ; and lottiiigs were made in the 
year 1812. 

Tiiese acts were jjerformed in the [)resence of the Provincial Govern- 
ment established on tiie borders of the river St. John. That stream 
afforded the only communication then open to this country, and thence 
supplies and assistants were procunid for the piu'posc of making the above 
survey in 180G or 1807. 

U is not known tjiat any linlluT acts were exercised on behalf of the 
original proprietors of these granted lands, or that any improvements 
were madi.' uijon them prior to the late war with Great Britain. The 
furllier occupation of this remote frontier, for the purpose of agriculture, 
was necessarily suspended during that period; nor is it known that there 
was a single settler of any descrijilion upon the Aroostook when this in- 
terruption ceased, at the conclusion of peace in 1815. This event was 
succeeded liy a course of .seasons and circumslaiices unfavorable to the 
progress of population aiul improvenient in that ([uarter, and also by the 
ineasiu'cs whicli ensiifd for the s(^para(ioii of Main(\ Upon the establish- 
ment of this Stale, tin- surv<;y of this section of country was resumed by 
a jouit commission of the two States, for the purpose of dividing their 
common property, f)ursuant to the provisions of the act of separation, 
according to the direction of their respective Legislatures. The progress 
of these surveys was observed in the Province of New Brunswick, and 



[ Hciiate l)(,c. No. 17 I. J 177 

they have been extended over nearly all llie country in the terri(ory of 
Maine watered by tlie Aroostook, 

It was discovered that trespasses were conunilted on this territory, by 
persons belonging to the Province, in cutting timber. Opportunity had 
existed for pursuing such practices with impunity, in the open and un- 
guarded state of the country, from the ease of access thereto, by persons 
engaged in that ])usiness from the river St. Jolm. This operation was 
arrested by the authority of this State, and partial indemnity obtained for 
the trespasses that had taicen place, and, upo)i objection being made, the 
practice of granting licenses for this purpose, which it was presumed had 
issued improvidently, was reHnquished by the Government of New Ikuns- 
wick. Subsequent to the last census, and the adoi)tion of the above pro- 
ceedings by tlie authority of this State, in connexion with Massacinisetts, 
a number of persons, some citizens of the United States, and others 
formerly belonging to the British Provinces, principally descendants of 
persons born in this country, out of the Province of New Brunswick, be- 
fore the Revolution, have settled on this territory. A few foreigners arc 
intermixed with the Americans, and a small number of Irish are under- 
stood to have planted themselves in the neighborhood of tlie line. Some 
seem to have gone on under the persons who have cut timber. With 
whatever impression the original trespassers may have gone on, the 
present settlers appear to have established themselves generally in that 
country, under the opinion that it was American territory. They under- 
stood that they were within the boundary line, as it had been repeatedly 
run. They were so informed by respectable persons, and assured to the 
same effect by public agents. They learned that a part of the land had 
been granted by the Government, and knew that the country was survey- 
ed by the States ; and their object was to obtain title of confirmation to 
their possessions, either from the proprietor or the States. It is believed 
that these remarks apply to all the native Americans, and the only ex- 
ceptions to them are understood to be individuals of foreign extraction. 
The population of this settlement is represented to be of the same general 
description which has been formed on the new American settlements in 
the vicinity of Houlton. The traits of character by which their appear- 
ance and conduct are chiefly marked, are hidustry, activity, hardihood, 
sense, and honesty. 

These settlers have only an equitable title to their lands, some of which 
they have cleared up and cultivated, and from which they have taken 
good crops for several successive seasons. They have made some at- 
tempts to avail themselves of the advantages aftorded upon their streams 
for the erection of grist-mills, which have not been fortunate, and their 
means for this purpose are quite inadequate. 

The settlers of this section have been peculiarly situated. Tney are 
nearly isolated from the rest of the community. They have not enjoyed 
the benefit of any legal magistracy, nor the advantage of any internal in- 
tercourse, being surrounded with wilderness, except by the circuitous 
course of the St. John, toward Houlton. The connexions of these ]reople 
have been necessarily with that river, where they have sought a market 
or conveyance for their produce, and whence they have been obliged to 
derive their supplies. The American inhabitants, whose concerns have 
carried them towards the river St. John, have been exposed to a system 
of municipal regulations or inhibitions; operating on articles of domestic 
13 



178 [ Seiiiitc Doc. No. 171. J 



produce, iind subjecting it to seizure anywhere in its transit. The man- 
ner in which some of these regulations have been put in force, will ap- 
pear troni alil-lavits of persons belonging a considerable distance below 
tlif Aroostook. Instances of this description are complained of as 
ninutTous ; but, as they princijially relate to acts of authority i)erformed 
wiiliiu the Province of New Brunswick, as some of the otRccs which pro- 
duceil these vexations have been abolished, and as some modification has 
lately taken place in the provisions of Province law on this subject, the 
crtect of which is not fully understood, the inquiry has not been extended 
how far they have been applied to any individuals above. Seizures, 
liowever, under some pretext, seem to have been committed on the 
Aroostook. 

The settlers upon the Aroostook, in addition to their ordinary privations, 
have been affected by the general depression occasioned by the recent 
embarrassment of business, and injury to credit among the larger dealers 
upon the river St. John ; and it is natural to suppose that they may have 
thus found it difiicult to obtain the means to satisfy debts, generally small, 
which they owe upon the river, and they are not able to defray the ex- 
penses attached there to litigation. On the other hand, the American ter- 
ritory has allbrded them no asylum. No acts of pretended authority, 
however, in violation of the jurisdiction of this State, under pretext of 
judicial power, are known to have taken place until a comparatively late 
period. Mr. George Morehouse resides at Tobique,on the opposite bank 
of the St. John, within a parish recently formed, by the name of Kent ; he 
formerly bore the commission of a subaltern officer in the army, and at 
present, it is stated, actually exercises a commission of the peace for the 
county of York. For two or three years past, he appears to have been in 
the habit of issuing precepts directed to the constables of the parisii of 
Kent, for the recovery of small demands against inhabitants on the Aroos- 
took. One other person, supposed to be a provincial magistrate, is men- 
tioned as having issued a single precept in like manner ; and service of 
these precepts is made upon inhabitants many miles within the boundary 
line, by persons undertaking to act as constables of the parish of Kent. 
The manner in which these persons proceed to execute their offices, some 
with more mildness and civility, and one who is represented as generally 
coming armed, and treating them with greater harshness, is detailed in 
several affidavits. In the execution of these precepts, it appears that the 
cattle and moveables of the inhabitants are subjected to be taken and im- 
mediately carried away, to be disposed of within the British territory ; 
and that the jiractice is extended to take articles of property belonging to 
the debtor, which are exempted from attachment and execution by the 
laws of tills State. In one instance, it appears that the same cow, being 
the last and only one, was taken twice on a warrant or warrants from Mr. 
Morehouse, issued on the same demand ; the second seizure being on ac- 
coimt of costs. The inhabitants themselves have also been arrested on 
these precepts, and, not being able to find bail where none could be legally 
taken, are removed as fast as possible over the lines to places of safety 
within the Province, where they may be able to procure sureties, or settle 
the debts, or otherwise m;ilce their peace with the officer or the magistrate. 

'I'bis [)ractice appears to have prevailed with some frecpiency. One or 
two cases appear to have occiuTcd in comiexion with this practice of Mr. 
Morehouse, in which precepts have been served, either from him or from 



[ Senate Doc. No. 17 1. | 179 

authority further below, by a Mr. Traig, deputy sheriff of the county of 
York. One of the settlers on the Aroostook was solicited by Mr. More- 
house to act as constable for th(^ parisli of Kent, but, after being qualified 
by him, declined to serve. It is j)ossible that instance's have occurred in 
which settlers above tlie lin(>, from want of other resort, may have been 
led incautiously, or froiu ditl'erent motives induced, to apply to Mr. More- 
house. 

But the ditiiculties to which the inhabitants have been subjected incon- 
sequence of this practice, the disproportionate amount of expenses attached 
to the collection of small demands, and the certainty of the law, as they 
consider it to be administered by Mr. Morehouse, seem to have produced 
an endeavor to adjust disputes iimong themselves, by a s])ecics of submis- 
sion to referees, and thereby avoid the authority undertaken to be exer- 
cised among them bv the otiicers of the parish of Kent or the county of 
York. 

That this state of things should have resulted in the collisions that have 
occurred between the persons despatched by Mr. Morehouse and the peo- 
ple living on the Aroostook, is rather a subject of regret than a matter of 
surprise. In the absence of any regular administration of justice, having 
adopted the princi])le of an equitable arbitration, to which they undertook 
to yield voluntary deference, the inconvenience of having its first opera- 
tion overruled by the order of Mr. Morehouse seems to have led to a sort 
of after-consideration or inquiry respecting the bounds of the parish of 
Kent, and consequently into a question concerning the applicability of Mr. 
Morehouse's autliority within the American boundary. Admitting that 
authority to extend to the settlement on the Aroostook, the opposition into 
which Dalton and others, who undertook to aid Arnold in the recovery of 
his cow, were betrayed, would be clearly without justification. At all 
events, it is obvious that the state of doubt which has thus been cast upon 
their condition, has led to the unfortunate consequences of irregular repri- 
sal ; and however it may be deemed a measure of venial otfeiice against 
unauthorized aggression, it has iiivolved the well-meaning and otherwise 
unotfending inhabitants of this settlement in the evils of a state of border 
warfare. Several illustrative details are exhibited in the atfidavits. The 
inhabitants of the Aroostook, while they have thus been subject to process 
from Mr. Morehouse, do not seem to have been considered by him as be- 
ing entitled to the protection of the Government which he undertakes to 
personate. Early last spring, he appeared among them, and forbade their 
working on the lands, and continuing their usual labors of clearing and 
cultivation, to get a living. He posted up written notices to this effect, on 
the Eaton grant, and indifferent places; and marked some small parcels of 
lumber, wliich they had cut, for seizure. It was shortly after this period 
that George Field, whose affidavit is exhibited, appears to have left the 
country, in consequence, as he says, of the inconveniences to which he 
was exposed, and went with his family to Houlton. Tiiese settlers seem 
to have been generally regarded by Mr. Morehouse, in some light, as a 
sort of outlaws or wild paople, who had no proper habitancy, and were 
liable to be dealt with in any manner that might please the Province ot 
New Brunswick, or its proper ofiicers. In no legal light do they seem to 
have been regarded as subjects, except as trespassers and intruders on 
Crown lands, liable to judicial process; and, under color of some such 
character, measures appear to have been subsequently applied to divest 
them of their property, and expel them from their possessions. 



180 [Senate Doc. ^'o. 171. J 

Early in the month ol' July last, Daniel Craig came with tlie first writ 
from Air. Mori-house, to take the cow that Arnold liad of M'Crea; and 
also delivereil sunnnonses to the settlers to appear forthwith before the 
court, which was then on the point of sitting at Frederickton, to answer 
to the King of Gre.u Britain, in pleas of trespass and intrusioii on Crown 
lands. This process was served by him indiscriminately on all the inhab- 
itants, including the citizens of the United States, as well as those born in 
the Provinces, or others. This sudden proceeding naturally produced a 
state of confusion and consternation among the settlers. No time was af- 
forded them to deliberate. It was necessary to set out immediately, in 
order to arrive in season. Some concluded to go, and others determined to 
stay. Some proceeded part way, and then returned home. Others kept 
on their journey to Frederickton ; among whom were some of the Amer- 
icans. Those who continued to the end were subjected to severe priva- 
tions, and were obliged to remain several days without means of support, 
or being able to obtain any other satisfaction than that it Avould be neces- 
sary to appear again the present winter. The narrative of these circum- 
stances is contaiued in some of the alHdavits, and may suffice to convey 
an impression of the embarrassment and distress occasioned among these 
settlers by the service of this process. 

The ati'air which followed soon after, respecting the takhig and retaking 
of the cow, which was adjudged by the referees to belong to Arnold, on 
the warrant of Mr. Morehouse, accompanied with a sense of their having 
exj)Osed themselves to his displeasure, and perhaps to the whole force of 
authority from New Brunswick, operated, with the menaces of the con- 
stable employed on that occasion, and the conduct of the Irishmen at the 
lines, and the reports which they received now and then from below, to 
keep the inhabitants of Aroostook in a continual state of agitation and 
alarm. They were particularly threatened with a visit by a larger party 
than the former, to punish those wlio were engaged in that aftray, and put 
an end to any further spirit of opposition, by destroying all means of resist- 
ance, or removing the inhabitants from the settlement. The reality of the 
apprehensions •■ntertained by the persons who were concerned in that af- 
fair, is attested by the circumstances of their being afraid to occupy their 
own habitations, lodging about in ditierent places, in barns, or in the 
woods, nuistering together for the night in larger or smaller parties, or sep- 
arating for greater security. The statements of several of the settlers on 
this subject, relate to })articulars within their experience or Icnowledge. 

A circumstance that may seem not to have diminisluMl the ground of 
These appn'li(!usious, occurred sometime in the month of November last. 
The dwelling of Ferdinand Armstrong was entered about break of day by 
a small ])arty i'rom l)elow, who seized his brother, James Armstrong, soon 
after he had risen from bed, and conveyed him in a canoe, without loss 
of time, out of the territory. He was obliged to give up articles of wear- 
ing apparel, and pait with what means he had, in order to obtain his re- 
lease ; the parly jirctending to have authority to compel payment of a 
debt and costs. Tluvals were also utltTcd that inen and horses were 
coming up the first sleddiug, to take those who were concerned in the of- 
fence about taking the cow away. Richard Inman, who was particularly 
mentioneil as of tlic coming parly, appears to be one of the persons previ- 
ously employed by Mr. Morehouse, and whom the settlers were most 
afraid of, in consetiucncc of his practice of visiting them with arms. 



[ Senate Doc. No. l7I.] 181 

In consequence of tlicsc occurrences and impressions, the inluiljitcints ot" 
the Aroostook have been afraid to go down to the river St. John, either to 
mill or to obtain their necessary supplies ; and have undertaken, the pres- 
ent winter, to ell'ect a comiinmication with Iloalton.by cutting out a road 
altogether within the American territory. Tliey were employed upon it 
the last of December, and judged they were about abreast of Mars hill, 
and hoped to accomplish it in about thirty working days. Tlie pioneers 
employed to mark out the direction, had found their way out at Foxcrofi, 
after enduring intense cold, and sutfering most severe hardsi)ips. 

The condition of the inhabitants of the Aroostook may be shortly sum- 
med up. They are of the same general description as those that have 
made purchases and improvements within the new townships or planta- 
tions on tlie American territory, living in the neighborhood of each other 
and of the river St. John. Tiiey are upon land of which grants and sur- 
veys were commenced several years ago, some time before the war with 
Great Britain, under the authority of Massachusetts, without remonstrance 
or objection from New Brunswick. They have settled upon the territory 
along thirty miles into the interior, without title, subject to the rights of. 
the proprietor or the proprietaries, and to the laws of this State then estab- 
lished. They acknowledge its authority, and, as it would seem to follow,, 
are entitled to its protection. 

The authority of New Brunswick cannot apply to them on the ground 
that any of them had been formerly inhabitants of that Province, any more 
than that of Maine extends to its citizens in New Brunswick. A Govern- 
ment has no power to cause precepts to be executed upon its own subjects 
in a foreign jurisdiction. The Government of the United States shields 
aliens who are residents, and are well aliected towards its principles, and 
wish to become citizens. But several of them are American citizens. 

The actual survey and occupation of this whole country, under the pub- 
lic authority of Maine and Massachusetts, were entitled to consideration 
from the Province of New Brunswick. These acts were at least to be 
respected, as assertions of riglit on the part of those two States ; and some 
regard might have been had to the circumstance that this right was ori- 
ginally exercised under ignorance of any adverse claim, and long before any 
was advanced. On the other hand, no act had ever been exercised on 
this territory by the Government of New Brunswick, except in permitting 
its subjects to cut timber the same as on Crown lands. 

So irregular a practice could not be sanctioned or sustained ; and in 
compliance with the sense of the superior Government, it is supposed that 
the pretension was relinquished as unteuable, with a fairness of profession 
which gave it credit. The power of removing the trees from the terri- 
tory brought into dispute has been abandoned, and a new practice has 
taken place, to wit, that of removing the people there planted. If this 
prhiciple can be sitpported, it abrogates the whole authority of the State 
of Maine over this portion of its territory. 

The next course of inquiry relates to the state of things upon the ter- 
ritory of Maine, upon the river St. John, within the boundary line, which 
crosses that river about throe miles above the Grand tails, where the nav- 
igation of the river is interrupted, and where it was contemplated on 
the part of Great Britain, in determining the St. Croix, that the meridian 
would cross. It may be proper, in the first place, to advert to the situa- 
tion of a colony of French settlers which planted themselves within our 



1S2 f 5?eiii»tc l)i)C. Nt). 17 1.] 

territory. princi]>ally, il' not entirely, since the acknowledgment and es- 
tablishiiieiil of llie bounds of Massachusett, by the treaty of 1783. This 
settlement was composed of anciml French neutrals, who had originally 
endcavoreil to escape from the Government of Nova Scotia, or of their 
descendants^, who had been expelled from their farms and improvements 
on the establishment of the Province of ^ow Brunswick, and who have 
been joined, from time to time, by their countrymen from Canada, who 
have not chosen to continue under the Govermnent established on its 
conipiest. 

It is not known whether any individual of European origin existed on 
this territory at the peace of'l782; nor that, excepting aborigines, any 
other than descendants of l''rench ancestors had made any occupation 
prior to the peace of 1S15, The Acadianshad retired, with the Indians, 
from the presence of the population which took possession of that ancient 
part of Nova Scotia, after it was yielded to Great Britain and settled by 
emigrants from the United States who adhered to the British Govern- 
ment, and have always lived in great harmony among themselves, as a 
distinct race, preserving their own language, habits, and manners. Situ- 
ated near the borders of the American territory, at a distance irom any 
officers of Government, they appear to have also preserved their neutral 
character, and to have remained as a people by themselves, so far as 
tiiey misht be permitted by their position toward the Province of New 
BrunswK-k. Without having any sympathy with the system established 
in that Govermnent, they have not been in a condition to oppose the ex- 
ercise of any power that might be exerted over them. Little occasion 
could be presented for the ^employment of criminal process among the 
relics of a primitive population, represented as of a "mild, frugal, indus- 
trious, and pious character," desirous of finding a refuge under the pa- 
triarchal and spiritual power of their religion. It has been customary 
for them to settle their civil affairs of every description, including their 
accidental disputes and ditierences among themselves, by the aid of one 
or two arl)itcrs or umpires, associated with the Catholic priest, who is 
connnonly a missionary from Canada. Without any predilection toward 
a foreign faith or power, they have had a natural desire to be quieted in 
their possessions; and it is stated that one or two of them, under circum- 
stances not exactly known, either obtained or accej)ted grants of certain 
parcels of their property, at an early period, from the Province. The pro- 
priety of nMinquishing any practice of that kind, after the determination 
of the St. Croix, was obvious; and the benefit of a sanction might have 
been alNnvcd to the previous facts of this d(>scription, without attaching 
to them any injurious motive or etlect. The whole country, however, 
not in actual possession of any cultivator, was considered by the French 
settlers as o]niu to occupation at the period of the last peace with 
England. 

In 1817, an American was invited to seat himself near the mouth of 
the Madawaska river, where he was assured that no one had any right 
of pro])erty; and when it was afterwards claimed by virtne of a thle, 
the fact was rlenied hy the Indians, on the ground that the right belonged 
to them. 'I'liis American, one who went from Kennebec, accordingly 
moved away from the place which he first took, to a situation near the 
St. Francis, where he still lives, unless recently removed. 

It appears that a military post formerly existed at the Grand falls, im- 



[Senate Doc. No. 171.] 183 

mediately below the bouudary ; and it is saidthut a iriililia authority was 
exercised among tiie inhabitants ol" Madawaska. Some power of this 
kind might perhaps have been used at an early })eriod, before the territory 
was explored, and tb.e boundary of New lirunswick determined under 
the convention of 1794; and it is not ])robablc that the French would 
have resisted any measure taken to compel them to train as militia. The 
works at the Griind falls have been suffered to go to decay, and there is 
no reason to presume that a superfluous military organization was main- 
tained among the remote inhabitants of Madawaska. 

It is not presumable that any usurpation of that nature existed for a 
long period, especially after the settlement was known to fall within the 
American territory. If such a use of form or force was continued, how- 
ever, it is to be inquired whether it can be viewed in any other light than 
that of aggression upon the rights of the State, and those under its juris- 
diction, and entitled to its protection. The recent formation of militia 
companies in that district presents itself as an act of the same character; 
and it is reported that a foreigner, by the name of Francis Rice, has sta- 
tioned himself in this settlement, and undertakes to act as an adjutant of 
the militia of New lirunswick. 

Dilfercnce of religious faith and diversity of habits have naturally 
tended to prevent an intermixture between the American and French 
population. The country in general, above as well as below the river 
MadaAvaska, has taken the popular description of that river, and the 
name is generally made use of by the Americans residing upon the higher 
and more remote branches of the St. John. Tlie MadawiJska settlement 
extends several miles down the branch of the St. John, below the mouth 
of the Madawaska river. Several settlers were also scattered above, and 
a space existed of several miles above the mouth of that river, whicli 
has recently been occupied by French settlers — some from Canada, and 
others from the settlement below — and formed into a new setdement, by 
the name of Chateauqua. They have undertaken to erect a church, and 
it is stated that a militia company has been formed among them, by au- 
thority out of this State. This new settlement extends from the mouth 
of the Madawaska river to the vicinity of the mouth of the Mariuniticook 
stream, where the American settlement (properly so called) commences. 
Whether any foreign measures have been taken in forwarding the prog- 
ress of the new French settlement, is not known. They are without 
titles to their lands, except by occupation, and they have not been dis- 
turbed in their possession. Fines, however, have been imposed upon 
some of them for refusing to perform militia duty, from abroad, during 
the past year, without regarding the objection that has been made among 
them to train, on the ground of their being within the American govern- 
ment. 

The situation of the recent settlement seems to merit some attention, 
from the circumstance of its now forming the connecting link between the 
former French settlement below, and the American settlement immedi- 
ately above. It is also brought into notice by the attention apparently be- 
stowed upon it by the Province of New Brunswick, which extends the 
demand of militia duty as high as this settlement, and considers all the 
Americans who are settled above it as aliens. It may be pro})er to re- 
mark, in this place, that any occupation which the Government of New 
Brunswick may have held within the American territory, being without 



184 I Senate Doc. TS"o. 171. J 

ri^ht and against ri£:lit, its operation is not to be too enlarged by any fa- 
vorable oonstrnction. 

Before i>assing tVoni tbc consideration of the Frencli settlement in this 
State, it may be projier to remark, that the pojiulation of the whole com- 
miiuity, aceording to the censns taken by the authority of the United 
States in 1S20, amounted to over eleven hundred. The computation prob- 
ably included a number of American settlers who had come into the 
country not long before, and were enrolled in the same manner with them, 
in the body of American citizens. If, since that period, any of these per- 
sons have been induced to go into the Province, in order to give their votes; 
if Provincial magistrates have been allowed to send civil process into this 
settlement; if individuals have been employed to officiate in executing 
the Provincial police ; these can only be vicAved as acts which it is ex- 
tremely ditlicult to reconcile with sentiments of respect for the opiniou 
signified by the Government of the United States. After this French 
settlement was found to fall within the survey of the American boundary, 
these settlers, being in no other sense to be regarded as British subjects 
than as they nnght hap])en to reside in British territory, it would have 
manifested a' decent respect to the authority of the United States, beyond 
the most repeated exterior demonstration, to have abstained from direct 
exercises of supreme jurisdiction. 

The first Americau settlement was made above the French, and com- 
menced, from the clqarest information, in the year 1817, It consisted of 
several persons, tjien citizens of ^Massachusetts, who moved from thcKen- 
nebec, and established themselves with their families on ditl'erent spots — 
tiie lowest at tiie month of the JNIarinniticook, and the highest not far 
from the mouth of the St. Francis. It was well known in the Province 
of New Brunswick that these emigrants considered they were on Ameri- 
can territorv, and that their object was to obtain a title under the Ameri- 
can Government, It was also understood that they carried with them a 
magistrate, and that tliey intended to procure an incorporation. Whether 
any or what measures may have been taken by persons within the Prov- 
ince, actins: upon this information, it is not within my power to detail. It 
may be remarked, however, that, according to the best account, the whole 
territory of which they entered into occupation was previously uninhabit- 
ed and unimproved. The Provincial Government had never made any 
grant above the river Madawaska, The American settlers on the St. 
John were above any French settler. They and their assigns have since 
continued in the occupation of their lands, and a portion of the original 
settlers still remain. 

In 1S2.J grants were made by George W. Coflin and James Irish, Es- 
quires, acting as joint agents lor the Connuonwealth of Massachusetts and 
State of Mahie. by virtue of resolves of the resjjective Legislatures, bear- 
ing date Febuary 2<i and June 11, 1825, to John Baker and James Ba- 
con, severally, describing them as inhabitants of a plantation called and 
known by the name of'the iMadawaska settlement, in the county of Pe- 
nol)sc<)t, situate; uj)on the river Si. Jnln^. 'I'he land granted to Baker was 
dcsf-ribed as bciiining at Marinmticook stream or point, on the St. Jojui 
river, and hoinided to contain a hundred acres. This was the same point 
of land which was originally taken up by his brother, Nathan Baker, one 
of the original emigrants from Kemiebec, then deceased. It was a mill- 
seat, where there have been erected a saw-mill and a erist-mill. John 



[ Senate T)oo. No. I7(. ] 185 

Baker married his brother's widow, and has brought up his family. He 
has been buildine; a new house, whicli would have been finished last fall. 
The land granted (o liacon was below the grant to Baker, lietween the 
point and the new French settlement. Since the foundation of the Ameri- 
can settlement before mentioned, a number of other American settlers 
had taken possession, and made improvements, without interfering, ex- 
cept by purchase, with any previous occupation. 

The land agents of Massachusetts and Maine apjjointed provisionary 
agents, with authority to grant permits to cut pine timber on the territory of 
the United States. Without a permission of this kind, it may be noticed, 
the mill at the mouth of the Mariumticook would have been useless. The 
Government of Ncav lirunswick became informed of this fact. A consid- 
erable quantity of lumber, partly purchased by John 15aker before men- 
tioned, and partly made at his mill, was afterwards seized in passing down 
the river St. John. Timber cut on Grown lands Avithin the Province by 
British subjects was allowed to be redeemed, by paying a certain duty. 
This composition was a privilege denied to Baker, whose property on that 
occasion appears to have been confiscated on the ground that he was 
not a British subject. All the Americans settled above the river Mada- 
waska are regarded as aliens by the Provincial Government of New 
Brunswick ; and a certain fine or tax has been demanded of them, called 
the alien tax. This is a species of joint military and civil exaction, exer- 
cised in the first place by Provincial officers of militia, and enforced by 
justices of the peace. One or two cases have occurred in which precepts 
have been sent among the American settlers, on civil suits, by Mr. More- 
house, who resides upwards of fifty miles below, on the river St. John. 
On one occasion, an American above Chateauqua was arrested on a war- 
rant from Mr. Morehouse, on a charge of larceny by one of the settlers: 
but the evidence against him being insufficient, no final proceedings took 
place, and he was discharged. The real culprit was afterwards discover- 
ed, and, on his confession, the Americans were proceeding to conduct him 
to Houlton, nearly a hundred and forty miles distant, but on their way- 
he made his escape in the woods. The American settlers have been sub- 
ject to these and similar inconveniences, no doubt in consequence of the 
absence of any civil officers, such as were recommended to be appointed 
by the land agents ; and occasions have thus been afforded for admitting 
the agency of Mr. Morehouse as a civil magistrate, which would not 
otherwise have existed, and for which some possible apology might be 
found in the circumstances of the country. An exercise of this intrusive 
authority, however, in the course of the past year, appears to have given 
rise to a species of opposition among the Americans, which was construed 
by Mr. Morehouse as resistance to his authority. 

It appears that some difficulty took place in procuring the service of a 
writ which was sent b}'- Mr. Morehouse against James Bacon ; and it may 
be suitable to state the circumstances accompanying that transaction. It 
seems that reflection on their situation, combined with a sense of the in- 
convenience to which they were exposed from the acts of Mr. Morehouse, 
led to an understanding among them to avoid any employment of his au- 
thority ; and, having no regular magistrate, to endeavor to settle their 
affairs as well as they couktamong themselves. The unfavorable opinion 
cherished by Mr, Morehouse, in respect to the Americans at that settle- 
ment, may have contributed to increase their aversion, and his occasional 



186 [ Senate Doc. No. i7 I. ] 



visits to view their proceedings may have tended to strengthen a niiitual 
dishke. Mr. Morcliouse had tornicrly demanded Bacon's deed from tiie 
agents, and knew tlie title under which he held, lie had also made in- 
quiry into the authority given to Bacon by the land agents, respecting the 
cutting ol' timber, and satisfied liimself on that subject. Recently he sent 
a person witli a writ to arrest Bacon, on a small demand in favor of one 
of the inhabitants, and the deputy sent by him returned without eliectiug 
service. Another person was then sent, accompanied by a considerable 
party, with a view, probably, to make effectual service. Bacon collected 
a number of his friends about him at his house, which is on the land 
granted to him, below liaker's, and, supjiorted by their presence, signified 
his refusal to submit to the mandate of Mr. Morehouse. 

The principle on which they placed their determination was, that they 
were Americans, on American ground; and that ^Ir. Morehouse had no 
right to extend his authority over them. Some resentment was manifest- 
ed by them towards the individual who had the indiscretion to apply to 
Mr. xMorehuuse, but no violence used towards any of the party who came 
to arrest Bacon. The leader of the party, who oificiated on that occasion 
as a constable of the parish of Kent, became convinced of the inexpe- 
diency of proceeding to execute his precept, and professed to respect the 
ground of tiieir determination. It was agreed to settle the demand by 
amicable reference ; which was accordingly done, and the affair terminated, 
ex(.'ej)t that the constable afterwards pretended to have an execution from 
Mr. Morehouse for the costs. The spirit of opposition to the power of 
Mr. Morehouse discovered on this occasion, assumed the form of a gen- 
eral agreement among the American inhabitants to avoid all applications 
of foreign authority, and extended to an outright denial of the British 
Provincial jurisdiction. For the legality of this position they reasoned 
and rehed U|)on their original character as American citizens, the circum- 
stances of their settlement in that cai)acity upon vacant American territo- 
ry, and the assurances of the land agents, wliich they understood de- 
cidedly to that effect. Whether they were deceived in the ground they 
took, by officious and unwarrantable acts, or whether any errors they may 
have committed may be imputable to omissions on the part of either State 
to provide for the security of property and preservation of citizenship, it 
belongs only for those to consider by whom the powers in fact exercised 
were imparted. The measures now UKule use of by Mr. Morehouse were 
directly itrought to bear upon the right of the two States to make the 
grant to Bacon. This, being the lowest grant upon the river St. John, 
"was the only barrier against a general inroad of authority from the quar- 
ter below, where Mr. Morehouse resided, to the American territory above; 
and the taking of the person of Bacon, without remonstrance, from the 
j)Osition in wiiich he was placed by the act of the two Clovernments, might 
have remov<'d the only obstruction, and determined the practical ({uestion. 
A j)aper writing was accordingly drawn up, and signed by the American 
inhabitants generally, constituting a sort of compact, by which they agreed 
to adjust all disputes among themselves, by virtue of referees, without 
admission of British authority, and that they would support each other 
in abiding by this determination. This was to \u; a ))rovisional agree- 
ment, to continue.' in force only for one year ; and, in the m<'an time, ap- 
plication was to be' made to the (iovenuneiit, in order to be made certain 
of their condition, and to obtain, if [)ossible, the benefit of some regular 



[ SiMiuto Doc. No. 171. J 187 

authority. 01" the propriety ol" this rcsokiliou, or of the i)rorcediiigs by 
which it was accompanied, it is not for me to express an opinion. It may 
sufhce to say that it seems to have been dictated by the necessity of their 
situation ; tiiat, as citizens of Maine, some reference was proper to the 
rights and sentiments of tlie State ; and that, in any judgment of their ac- 
tions, some respect should be had to the authority of Maine. 

As a prekule to this arrangement, the Americans generally assembled 
on land conveyed to John Baker by the States of Maine and Massachu- 
setts, and there erected a stafl', and raised a rude representation of the na- 
tional eagle. They also partook of a re])ast provided by Baker, and en- 
joyed the festivity in the manner that is usual to Americans in celebra- 
ting that occasion. One of the French was hired as a musician, and a few 
others were attracted by the spectacle, and invited to the toble. The 
same thing,has been sometimes done by Americans transiently collected 
in the Provinces, on the same anniversary, without affording offence. But 
on the present occasion there is no ground to doubt that it was deliber- 
ately done to advertise Mr. Morehouse of the manner in which they view- 
ed their own rights and his authority ; and when he appeared, as was 
probably expected, to inquire into the meaning of this ensign, it was ex- 
plained to him. Mr. Moreliouse thereupon gave order for its removal, to 
Baker, which the latter refused to obey. It is known that neither of these 
persons had any more direct authority for his proceeding than the other ; 
which had the better right, may admit of a distinct question. But the ob- 
ject was to apprize Mr. Morehouse of their opinion. Neither Baker nor 
Bacon pretended to exercise any authority among their fellow-citizens on 
this occasion, although they probably rendered themselves conspicuous to 
Mr. Morehouse. The epithet of " general" was one that was not bestowed 
on Baker until after this affair. Mr. Morehouse also demanded the paper 
of agreement that had been entered into by the Americans ; which they 
declined to deUver. Mr. Morehouse was 'informed that the paper had 
been offered to one Peter Markee, a French lad who was at the American 
settlement. If this was done with any intention, it was a circumstance 
which took place in the absence of Mr. Baker, and was contrary to the 
original purpose, which was to confine the step to Americans exclusively. 
Mr. Baker, hearing a report that the route of the mail was altered, (a 
change which the Americans had no wish to take place, as it was a mat- 
ter of convenience to them,) and meeting the carrier in his canoe, inquir- 
ed whether such was the fact. This inquiry was undoubtedly miscon- 
strued by the Frenchman who carried the mail, and the circumstance 
might have been exaggerated to Mr. Morehouse. Upon information of 
this kind, however, together with his own knowledge, Mr. Morehouse 
subsequently proceeded to issue a warrant for the arrest of Baker, and, it 
is also understood, of James Bacon and Charles Stutsou. In the mean 
time the inhabitants agreed upon referees, and appointed Baker and Ba- 
con a deputation to proceed to the seat of Government with a request to 
have their case laid before the Legislature at its next session ; and to in- 
quire of the executive authority whether they were recognised as citizens 
of the State, and entitled to the' protection of its Government. Having re- 
ceived an answer in the affirmative, to be communicated to their constit- 
uents, with injunctions to observe the utmost caution in their conduct, and 
having left their application to be laid before the Legislature, they returned 
through the wilderness by the way they came, and arrived at home a 
short time before the execution of Mr. Morehouse's precept. 



188 f Senate Doc. No. f7l. | 

Early in tlie moriung of the 25th of September last, soon after their re- 
turn, while liaker and his family were asleep, his house was surrounded 
by an armed force, and entered by persons of a civil character, and others 
aruH'd witli fusees, &c., who seized Baker in his bed, and conveyed him 
without loss of time out of the State. The particulars relating to this cir- 
cuiustaiice are detailed in the statement ol' Asahel Baker, a nephew of 
John Jiaker, who was first awakened by the entry, and which, although 
not exhibiting any solemn attestation, may, nevertheless, be relied upon 
as substantially correct. It is proper to add, that the person conducting 
the execution of the warrant i)roved to be of high official character and 
personal respectability in the Province of New BrunsNj^ick. He was in- 
formed that papers were in possession of Baker, under the authority of the 
States ; but he replied that it was uot in his power to attend to any remon- 
strance. No resistance was made by Mr. Baker, and no opportunity 
was afforded him to have intercourse with any of his friends and neigh- 
bors, from whom it is reasonable to suppose opposition might have been 
apprehended. Mr. Baker was carried before Mr. Morehouse, in obedi- 
ence to the warrant ; it does not appear that any examination took place, 
liowever, but that lie was conveyed to Frederickton, and there committed 
to jail. The letter from your excellency to the American inhabitants at 
the upper settlement was delivered by him to the authority under wiiich 
he was imprisoned, and, after some detention, restored to him. 

The immediate impression produced among the inhabitants of the set- 
tlement by this circumstance, may appear from the further statement of 
Asahel Baker. He was the person employed to bring a representation 
from them of the arrest of Baker, w^hich was deposited by him in the first 
])()st olfice he reached in Kennebec. He Avas absent a number of days, 
and, on his return, found that several of the inhabitants had departed. It 
appears that in the interim the alien tax had been again demanded, and 
process liad been served upon the American settlers generally, similar to 
that which had been previously served on the Aroostook indiscriminately, 
to appear at Frederickton in October, to answer to suits for trespass and 
intrusion on Crown lands, under the penalty of a hundred pounds. It is 
understood tliat the service of this process was extended to the American 
settlers towards the St. Francis, and upon the P^ish river, where the road 
laid oul by the Legislatures of the two States terminates. In consequence 
of these circumstances, it appears that three of the American settlers, viz: 
Charles Stutson, Jacob Goldth\vaite,and Charles Smart, have parted with 
their possessions, and removed from the settlement into the plantation of 
Houlton, where they are at present seeking subsistence. Stutson was a 
blacksmith in good business, and was concerned in the measures relating 
to Mr. Mort'hoiisi". The motives and particulars of their de])arture are 
stated by them iu their respective aiiidavits. In the precarious state of 
their afl'airs, it is probable that no certain estimate can be formed of their 
sacrifices; but it is evident that the measures made use of towards the in- 
habitants in general, for whatever purpose, have had the effect to expel a 
]>ortion of them, and to intimidate tiie remainder. It is not understood 
that the.se measures have been extended to the French settlers on the 
Madawaska, who are williDUt litlr to their lauds, and it is jirobably not 
the cas(; ; but it is evident thai a (•orrcspDudinir ap])lication of judicial pro- 
ceediuL's has been made i'nnn the Province c>f New Brunswick, upon all 
tlie settlements above and below the French occupation of Madawaska, 



[ Senate i>oc. No. J 71. J 



189 



tending to their cxtornnnalion; und that lliu inluibitants are awaiting, in a 
state of fearful anxiety, the final measures of execution, from which they 
see no prospect of rehef. The plantation of Houlton is the common place 
of refuge to which they direct their feet, as it was the custom, in the ear- 
lier annals of New England, for the frontier settlers, in case of apprehen- 
sion, to gather toward a garrison. 

In pursuing the inquiry concerning the nature of aggressions com- 
plained of as committed by inhabitants, it may not come within the terms 
of my appointment to ascertain how far any proceedings that have been 
adopted may be traced to the authority of the (lovernment of New 
Brunswick. The general application of judicial process, however, from 
the Province of New Brunswick to all parts of the settled territory com- 
prehended in the claim of Great Britain, seems to give rise to such an in- 
quiry. 'Jlie summonses served on the settlers on the Aroostook and upon 
the St. John, from the Mariumticook, to the Fish river and St. Francis, 
appear, by comparison of numerous copies, to be all in the same form, for 
trespass and intrusion on Crown lands. A copy of an information served 
on John Baker, since his imprisonment, describes the land of which he is 
in occupation as lying within the parish of Kent, in the county of York. 
It may be, therefore, pertinent to inquire iiit,o the history of the parish of 
Kent," and refer to other measures of the Provincial Government, prelimi- 
nary to the above-mentioned process. 

The act of incorporation of the parish of Kent is dated 1821. It is 
entitled "■ An act to erect the upper part of the county of York into a town 
or parish," and provides that "all that part of the county of York lying 
above the parish of Wakefield, on both sides of the river St. John, be 
erected into a town or parish by the name of Kent." The parish of Wake- 
field was incorporated in 1S03, by an act also entitled " An act for erecting 
the upper part of the county of York into a distinct town or parish." A 
statistical account of New Brunswick, published in Fredcrickton in 1825, 
describes the parish of Kent as extending on both sides of the river from 
the Grand falls to Wakefield. The parish of Wakefield, it is understood, 
extended above the military post at Presque Isle, a station which was 
.abandoned the year follovvring the creation of the parish of Kent. 

A succinct statement may be made of the measures adopted by the 
Government of New Brunswick the present season. By an official act of 
the 9th of March last, reciting that satisfactory assurances had been con- 
veyed to his Majesty's Government of the earnest wish of the Govern- 
ment of the United States to reciprocate the conciliatory disposition shown 
in regard to the disputed territory at the upper part of the river St. John, 
it was declared to be most desirable, until the present question thereto 
should be finally settled, that no new settlement should be made, or any 
timber or other trees felled in the wilderness parts of that territory, nor 
any act done which might change the state of the question as it existed 
when the treaty of Ghenf was executed. 

Instructions were accordingly issued, addressed, in general terms, to all 
magistrates residing in the vicinity of what was termed disputed territory, 
directing them how to proceed, in the event of " any depredations being 
attempted by either party, on the lands in question." They were re- 
quired to be vigilant, and use their utmost diligence to discover any at- 
tempts which might be made by any of his Majesty's subjects to intrude 
upon the territory,' with a view' to make settlements or to cut timber, and 



19() [ Senato Doc. No. 171. J 

to make ininit-'diate representation tliereof to his Majesty's Attorney 
General, that legal steps might be taken to punish such intruders and 
trespassers; and should they discover " similar attempts to be made by 
any other person, whether unauthorized or acting under color of au- 
thority,'' to use their best endeavors to ascertain the names of such per- 
sons, and report them to the Secretary of the Province, with affidavits to 
establish the facts, for the Lieutenant Governor's consideration. 

Information of these proceedings was communicated to the Government 
of tiie United States, by the British minister, in September last, as furnish- 
ing proof of the friendly disposition which animated the Lieutenant Gov- 
ernor of New Brunswick. Mr. Clay was at the same time informed by 
Mr. Vauglian that no attempt had ever been made to form new settle- 
ments, and that the Lieutenant Governor had abstained from exercising 
any authority over the unoccupied parts of the disputed territory, except 
for the purpose of preserving it in its present state ; and assured Mr. Clay 
that it was the wish and the duty of the Lieutenant Governor to avoid 
giving the sliglitcst uneasiness to the Government of the United States, on 
the territory which had unfortunately remained so long in dispute between 
the two Governments. 

The letter of the Ikitisli minister to Mr. Clay, of September 17th, is in 
answer to a communication from the Secretary of State, conveying a rep- 
resentation from your Excellency to the Government of the United States, 
respect ingcertain acts of the Government of New Brunswick which were 
considered an undue exercise of jurisdiction in the settlement on the river 
St. John, composed of the grantees under Massachusetts and Maine, and 
other American settlers. In his answer to this communication, the British 
minister observes, that "it appears from Governor Lincoln's statement 
that the settlement in question is a Ikilish settlement upon the river St. 
John, westward of the Madawaska ; and that it is composed of the original 
.settlers, and of emigrants from the United States." 

In what manner the settlement west of the Madawaska can be con- 
sidered a British settlement, can only be explained by a subsequent pas- 
sage in the same letter, in which the British minister says, that " ever since 
the Province of New Ikunswick was established, in the year 1784, the 
territory in dispute (between Gieat liritain and the United States) has al- 
ways been considered as forming part of it ; and the rights of sovereignty 
have, in consequence, been exercised by the British Government." He 
therefore protests against the validity of any title to lands in the ancient 
liriti.sh settlements, granted by the States of Maine or Massachusetts, 
"until a change in the right of possession shall have been etTected,in con- 
sequence of the fifth artirle of the treaty of Ghent." 

'I'o sup[i(»rt this i)osition, the Jiritish minister refers to a map of Nova 
Scotia, pulilislied by the Jioard of Trade in 1755, including the territory in 
dispute in the Province of Nova Scotia. Jiy a map of this territory, pub- 
li.shed by order of the British House of Conunons, 2nth June, 1S27, the 
territory in question is not included in the Province of New Brunswick. 

In a subse(jU<;nt letter from the ]kiti;sh minister to Mr. Clay, dated No- 
vember 21. he sj)eaks (»f tlu; jtroceedings of the luagistrates acting under 
tlie authority of bis Mritaimic Majesty, in the I^ovinee of New lirunswick, 
against two citizens of the United Slates, established in British seltlements 
upon the rivers Aroostook and Madawaska. These proceedings, he 
observes, are supported by two affidavits, Iransniiiled by your excellency,, 



[ Seiate l)oo. N(k l7(. ] 191 

viz: one of "William Dalton, residing upon the Aroostook," and the 
other of Jonathan Wilson, relating " to the arrest at Woodstock, upon the 
Madawaska river, within 65 miles of Frederickton, of Mr. Baker, for 
having interrupted the passage of the mail from New Brunswick to 
Canada." 

The Britisii minister states to Mr. Clay, that "the sovereignty and juris- 
diction over the territory claimed hy the British commissioners, according 
to the line laid down hy them, running by Mars hill, comprehending, in 
that portion ol' the territory of New Brunswick, the rivers Aroostook and 
Madawaska, have consequently remained with Great Britain, having 
been in the occupation and possession of the Crown previously to the 
conclusion of the treaty of 1783 ; and that the opposite claim of the United 
States caimot furnish any pretext for an interference with, or an interrup- 
tion of, the exercise of the jurisdiction within the territory, by magistrates 
acting under British authority, on the part of the citizens of the United 
States who may choose to reside in those ancient settlements." He 
adds, that he has already communicated to the Secretary of State sufficient 
proof of the decided resolution of his Majesty's Lieutenant Governor of 
New Brunswick to maintain the disputed territory in the same state in 
which his excellency received it after the conclusion of the treaty of 
GheiU ; and that he is convinced that a mutual spirit of forbearance ani- 
mates the General Government of the United States. The British minister 
further acquaints Mr. Clay that Sir Howard Douglas deems it his duty, 
as Lieutenant Governor, not to abandon any right of practical sovereignty 
which has been exercised in the disputed territory, " which has been iield, 
occupied, and located, as British settlements," for any period within the 
past century, or even later. That, considering the contluct of Baker fit 
matter for cognizance of the law officers of the Crown, his excellency had 
directed the Attorney General to take such measures as he might deem 
necessary, to enforce the municipal law of the Province ; and that there 
could be no grounds for complaint of an undue and illegal exercise of ju- 
risdiction, whatever motive there might be for remonstrance against the 
severity with which the laws might be executed. 

I take occasion to collect those details from the correspoi>dence of the 
British minister in this country, and present them to your excellency's 
attention, in order to exhibit the principles on which the acts in question 
may have been performed, and also because the conclusions which he de- 
duces from them are so undeniable. The character of this avowal is so 
peremptory, that it puts an end to all ground of inquiry on the part of 
Maine ; as the position, thus taken on behalf of the British Government, 
extends to justify the exercise of every species of power for v/hich a pre- 
cedent can be found in the past century, or even the present ; and Maine 
has no right to find fault with the manner in which the laws of die "Prov- 
ince may be executed in New Brunswick. So remarkable a proposition, 
however, is not well calculated to diminish our concern on account of the 
cause for which so large. a proportion of territory may be withdrawn from 
the jurisdiction of the State ; although it may allay your surprise at the 
determination of the Lieutenant Governor of New Brunswick to decline 
any intercourse with the Executive authority of the State, of the kind that 
has heretofore existed between adjoining Governments. 

If it be the correct state of fact,- as thus represented, that the territory in 
question has ever continued in the occupation and possession of the Brit- 



192 \ Senate Uoc. No. l7l. ] 

ish Crown sin«-t' tlic ircuty ot' 17>s;J, it aiibnls a strong color, uiiqutistiona- 
bly, to the claim insisted upon to ihe absolute sovereignty ; as in a dubious 
case of ri^lit, wiiere lines have become obscured, an open, notorious, and 
exclusive possession, for a great length of time, in the presence and with- 
out the reproof of an adverse claimant, nujst necessarily have great 
weight in determining the title : and the principle thus strongly assumed, 
gives an important aspect to the demaiul which has been made upon 
Maine and Massachusetts, luider the form of the fifth article of the treaty 
of Ghent. 

It is to be doubted, however, whether your excellency will be able to 
discover evidence of the existence of any British settlement whatever 
within (he boimdary of Maine, The act of undertaking to remove all the 
settlers upon the territory to which the British Government lays claim, 
except the French, as trespassers and intruders, certainly does not tend to 
give any portion of the territory the character of a British settlement, by 
reason of their residence. Whether the act establishing the parish of 
Kent was intended to form a British settlement beyond the boundary, 
may depend upon the limits assigned to it — if it have any other than those 
of the disputed territory. 

The sunnnonses to the settlers on the Aroostook were dated 19th of 
May, and served early in July, before any movement of the Americans in 
the upper settlement on the St. John. On the Uth of August, Mr. More- 
house trai\smitted a list of American citizens settled on the river St. John, 
above the French settlements. The summonses to the latter, so far as 
seen, were dated September 17th. It is not known that there was any 
one of the American occupants in that quarter, where all are American 
citizens, omitted in the process. Warrants were also out against Bacon 
and Stutson, on charges similar to those against Baker, but had not been 
executed. It is due to say that 1 derived valuable benefit from Mr. liar- 
rell, to whom I also end<'avored to alibrd all the aid in my power. 

The result of this inquiry, from the justification advanced, is, that the 
Government of New Brunswick recognises the acts committed by her 
magistrates, and adopts them in all their bearings. It is now perfectly 
understood that the Government of New lirunswick claims to extend the 
laws of the Provmc*^ over a large portion of the territory of Maine. The 
operation is not merely left to inference. The design is not ailected to be 
concealed. The pretension is j)ublicly announced in official papers and 
comnuniications, sj)eaking the unequivocal language of the Government. 
We have a frank exposition of the views which are entertained by the 
British minister in this country, and the sentiments and spirit which ani- 
mate the Lieutenant Governor of New Brunswick. The whole tract of 
country which has be(;n the scene of late conq^laints is challenged as be- 
ing within the allegian(ni of his Britannic Majesty, under his sovereignty 
and jurisdiction, and subject to the municipal regulations and control of 
his govermneiu. No persons are considered as lawfully residing therein, 
excc[)t by the authority or suflerance of the Provincial Government. No 
mhabitants of this territory, whatever time they have been on, are deem- 
ed to be possessed of any estate therein, except by virtue of the Province 
laws. No residents are (.'Utillc'd to acquire any rights in real estate, ex- 
cept British subjects. All other occupants of the soil are treated as tres- 
passers and intruders. All other inhabitants are liable to the disabilities 
of aliens, and to the restrictions imposed upon their actions^ intercourse, 



[ Senate Doc. No. 171. ] 193 

and industry, by the enactments of Prov^incial legislation, and likewise in 
respect to tlie right ol" bearing arms. Every American citizen is required 
to report himsell', within two months after his arrival, to a regimental 
quartermaster, and is subjected to an arnuial assessment for tlie mainte- 
nance of the Provincial militia. The residue of the territory, excc[)ting 
such small portions as may be parcelled out, is reserved as Crown lands ; 
and trees are forbidden to be cut among the royal forests, upon the penal- 
ty of the Province laws. Grants and licenses arc \vitlih(>ld or suspended 
for profound considerations. In other respects, the authority and laws of 
the Province are put in active operation and asserted with fnll vigor. 
This description is to be understood as applying to a large part of the State 
of Maine. 

The consequence is, that the class of cases concerning which the Gov- 
ernment of Maine is anxious to extend its inquiry, is not considered as 
coming witliin the scope of her constitutional care and cognizance. The 
individuals on whose behalf her solicitude is excited, arc intruders upon 
lands not within the State of Maine. Although citizens of that State, 
they have put themselves out of its power, and lay no longer claim to its 
protection, but are liable to be dealt with only according to the laws of 
New Brunswick, and placed under its Provincial police. This is the 
broad ground taken by the Government of that Province, While it is 
certain that no undue severity of motive can be attributed to the superior 
Executive of New Brunswick, it is equally apparent that the Provincial 
Government undertakes to exercise, in all respects, the rights of the most 
incontestable jurisdiction. 

The facts are shortly these : Citizens of Maine, and others, settled on 
lands surveyed and granted by its authority, living within its ancient and 
long-established limits, are subjected to the operation of foreign laws. 
These are applied to them in the ordinary course of civil process, in taking 
away their property, and also their persons. American citizens in this 
State are proceeded against as aliens, for sedition and other offences and 
misdemeanors against the Crown of Great Britain ; and one of them, a 
grantee of Massachusetts and Maine, seized on the land granted, remains 
in prison on charges of that description. A portion of this State, of con- 
siderable magnitude, is thus actually incorporated into the adjoining Prov- 
ince ; and his excellency the Lieutenant Governor, a person of great vir- 
tue, is unable, from his situation, to afford the explanations which these 
acts obviously require, except to those under whose orders he is placed, 
or with whom he is obliged to correspond. 

In begging leave to submit these circumstances to your excellency's 
consideration, and requesting permission to refer to accompanying papers, 
I am sensible of the occasion there is to solicit your indulgence in per- 
forming the duty I owe to yourself and to the State. 

I have the honor to be, with the highest respect, your excellency's most 
obedient servant, 

C. S. DAVEIS. 

To His Excellency Governor Lincoln. 



14 



194 [ Senate Doc. No. 171. ) 

STATE OF MAINE. 

Ji resolve in relation to aggressions upon the northeast frontier of the 

State. 

Whereas the sovereignty of tliis Stale has been repeatedly violated 
by the acts of the agents and officers of the Government of the British 
Province of New Brunswick, and that Government, by its agents and 
ollieers, has wantonly and injuriously harassed the citizens of this State 
residing on the northeastern frontier of the same, and within its limits, 
by assuming to exercise jurisdiction over them, in issuing and executing 
civil and criminal process against them, by which (heir property has been 
seized, and some of them arrested and conveyed out of the State, and 
subjected to the operation of the laws of that Provhice ; in establishing 
military companies within the territory of this State ; imposing fines for 
neglect' of military duty ; imi)osing upon our said citizens an alien tax, 
and requiring payment of the same : And whereas, by the exercise of 
the aforesaid unwarranted acts of jurisdiction by the Government of the 
said Province, some of our citizens have been deprived of their liberty, 
their property destroyed, many of them driven from their lands and dwell- 
ings, the tranquillity and peace of all of them disturbed, and the* settle- 
ment and population of that part of the State adjoining said Province 
greatly retarded, if not wholly prevented: Therefore, 

Jiesolvcd, That the present is a crisis in which the Government and 
people of this State have good cause to look to the Government of the 
United States for defence and protection against foreign aggression. 

Resolved, further, That, if new aggressions shall be made by the Gov- 
ernment of the Province of New Brunswick upon the territory of this 
State, and upon its citizens, and seasonable protection shall not be given 
by the United States, the Governor be, and he hereby is, requested to use 
all proper and constitutional means in his power to protect and defend 
the citizens aforesaid in the enjoyment of their rights. 

Resolved, further, That, in the opinion of this Legislature, the Execu- 
tive of the United States ought, without delay, to demand of the British 
Government the immediate restoration of John Baker, a citizen of this State, 
who has been seized by the officers of the Province of New Brunswick, 
within the territory of the State of Maine, and by them conveyed to 
Frcderickton, in said Province, where he is now confined in prison; and 
to take such measures as will eftcct his early release. 

Resolved, further, That the Governor be, and he hereby is, autjiorized 
and re(iucsted, with the advice and consent of Council, from time to time 
to extend to the family of the said John Baker such relief as shall be 
deemed necessary ; and he is hereby authorized to draw his warrant ou 
the treasury for such sum or sums as shall be required for that purpose. 

In the HorsE of Representatives, /Vir;/«ry 16, 1S28^ 
Read and pa«se^. JOHN RUGGLES, Speaker. 

Attest: James L. Child, Clerk. 

In Senate, February 18, 1828. 
Read and passed. 

ROBKRT P. DUNLAP, President 

Attest: Ebenezer Hutchinson, Secretary. 

February 18, 1828— Approved: ENOCH LINCOLN. 



[^'eiiate Doc No. 414. | ] 95 



[Senate Document No. 414 — 24th Congress, IstStwaion,] 

Message from the President of the United States, transynitting {in 
compliance with a resolidion of the Senate) sundry documents re- 
lating to the Northeastern Boundary of the United States. 

To the Seyiate of the United States : 

I communicate to the Senate a report from the Secretary of State, 
with a copy of the correspondence requested by a resohition of the 21st 
ultimo, relative to the Northeastern boundary of the United States. 

At the last session of Congress, I felt it my duty to decline complying 
with a request made by the House of Representatives, for copies of this 
correspondence ; feeling, as I did, that it would be inexpedient to pub- 
lish it while the negotiation was pending. But, as the negotiation was 
undertaken under the special advice of the Senate, I deem it improper 
to withhold the information which that body has requested ; submitting 
to them to decide whether it will be expedient to publish the correspon- 
dence before the negotiation has been closed. 

ANDREW JACKSON. 

WashinG;TON, June 15, 1836. 



Department of State, 

Washingtoji, June 13, 1836. 

The Secretary of State, to whom has been referred the resolution of 
the Senate of the 21st ultimo, requesting the President to communicate 
to that body, " so far as in his judgment the public interest may permit, 
and confidentially or otherwise, information of the present state of the 
negotiation between the United States and Great Britain, respecting the 
Northeastern boundary of the United States ; including all correspond- 
ence between the two Governments, not heretofore communicated to the 
Senate, and those preliminary conditions, without which Great Britain 
declines to renew the negotiation, as stated in the President's message 
at the opening of the present session, and which conditions he deems to 
be incompatible with a satisfactory and rightful adjustment of the con- 
troversy," has the honor to submit to the President the accompanying 
copy of a correspondence between the Secretary of State and the diplo- 
matic representative of his Britannic Majesty at Washington, containing' 
the information called for by the resolution of the Senate. 

JOHN FORSYTH. 

To the President of the United States. 



i96 



f Senate Doc. No. 4l4. | 

List of accompanying papers. 



Mr. Livingston to Mr. Bankliead, - 

Mr. Hankliead to Mr. Livingston, 

Sir Cliark's R. Vauglian to Mr. Livingston, 

Mr, Jjivingston to Sn" Ciiarlcs K. Vauglian, 

Sir Ciiarlcs R. Vauglian to Mr Livingston, 

Mr. Livingston to Sir Charles R. Vauglian, 

Sir Ciiarlcs R. Vauglian to Mr. McLane, 

Mr. McLane to Sir Charles R. Vauglian, 

Sir Charles R. Vaughan to Mr. McLune, 

Same to same, ... 

Same to same, 

Mr. McLane to Sir Charles R. Vaughan, 

Sir Charles R. Vaughan to Mr. McLane, 

Mr. McLane to Sir Charts R. Vaughan, 

Sir Charles R. Vaughan to Mr. McLane, 

Same to ^[r. Forsyth, 

Mr. Forsyth to Sir Charles R. Vaughan, 

Sir Charles R. Vaughan to Mr. Forsyth, 

Mr. Bankliead to Mr. For.syth, 

Mr. Forsyth to Mr. Bankhead, 

Mr. Bankhead to Mr. Forsyth, 

Mr. Forsvth to Mr. Bankhead, 



Dates 




July 


21, 


1832 


July 


21, 


1832 


April 


14, 


1833 


April 


30, 


1833 


May 


11, 


1833 


May 


28, 


1833 


May 


31, 


1833 


June 


5, 


1833 


June 


6, 


1833 


Feb'ry 


10, 


1834 


Feb'ry 


10, 


1834 


March 


11, 


1834 


March 


16, 


1834 


March 


21, 


1834 


March 


24, 


1834 


Dec'r 


■s, 


1834 


April 


28, 


1835 


May 


4, 


1835 


Dec'r 


28, 


1835 


Feb'ry 


29, 


1836 


March 


4, 


1836 


March 


5, 


1836 



Mr. Livingston to Mr. Bankhead. 

Department of State, 

Washington, July 01, 1832. 

The undersigned, Secretary of State of the United States, will now 
have the honor to fulfil to Mr. Bankhead, his Britannic Maje^ty's charge 
d'affaires, the promise which he made, that, as soon as the action of the 
Senate should be known, on the reference made to that body of the de- 
cision of the King of the Netherlands, the undersigned would answer 
Mr. Bankhead's note of the 20th of December last. 

llis Ihitannic Majesty's Governmont is too well acquainted with the 
division (»f powers in that of the United States, to make it necessary to 
enter into any explanation of the rea.sons which rendered it obligatory on 
the President to submit the whole .subject to the Senate for its advice. 
The result of that application is a determination on the part of the Senate 
not to consider tlio decision of the King of the Netherlands as obliga- 
tory, and a iffnsul to advise and consent to its execution; but they have 
passed a resolution advising the President to open a new negotiation with 
nis Britannic Majesty's Government, for the ascertainment of the bound- 
ary between tht^ possessions of the United States and those of Great 
Britain, on the Northeastern frontier of the United States, according to 
the treaty of peace of 1783. This resolution was adopted on the convic- 
tion felt by the Senate that the sovereign arbiter had not decided the 



[ 8enato Doc. No. 414. ] , 197 

question submitted to him, or had decided it in a manner unauthorized 
by tb.e submission. 

It is not the intention of the undersigned to enlcr into an investigation 
of the argument which has led to this conclusion. The decision of the 
Senate j)rechides it, and the object of this comnninication renders it un- 
necessary; but it may be proper to add. that no question could have 
arisen as to tlie vahdity of the decision, had the sovereign arbiter deter- 
mined on, and designated, any boundary as that which was intended by 
the treaty of 17S3. He has not done so. Not being able, consistently 
with the evidence before him, to declare that the line he has thought the 
most i)ropcr to be established was the boundary intended by the treaty 
of 1783, he seems to have abandoned the character of arbiter, and as- 
sumed that of a mediator, advising both parties that a boundary which 
he described should be accepted as one most convenient to them. But 
this line trenches, as is asserted by one of the States of the Union, upon 
its territory ; and that State controverts the constitutional power of the 
United States to circumscribe its limits without its assent. If the deci- 
sion had indicated this line as the boundary designated by the treaty of 
17S3, this objection could not have been urged; because, then, no part of 
the territory to the north or the east of it could be within the State of 
Maine ; and however the United States, or any individual State, might 
think itself aggrieved by the decision, as it would, in that case, have been 
made in conformity to the submission, it would have been carried into 
immediate effect. The case is now entirely different; and the necessity 
for further negotiation must be apparent, to adjust a diflerence which the 
sovereign arbiter has, in the opinion of a co-ordinate branch of our ex- 
ecutive powers, failed to decide. That negotiation will be opened and 
carried on by the President whh the sincerest disposition to bring to an 
amicable, speedy, and satisfactory conclusion, a question which might 
otherwise interrupt the harmony which so happily subsists between the 
two countries, and which he most earnestly wishes to preserve. 

The undersigned is instructed to say that, even if the negotiators of 
the two parties are unable to agree on the true line designated by the 
treaty of 1783, means will probably be found of avoiding the constitu- 
tional difficulties that have hitherto attended the establishment of a boun- 
dary, more convenient to both parties than that designated by the treaty, 
or that recommended by his Majesty the King of the Netherlands ; an 
arrangement being now in progress, with every probability of a speedy 
conclusion, between the United States and the State of Maine, by which 
the Government of the United States will be clothed with more ample 
powers than it has heretofore possessed, to effect that end. 

Should a negotiation be opened on this principal point, it will naturally 
embrace, as connected with it, the right of navigation of the river St. 
John — an object of scarcely less importance to the convenience and future 
harmony of the two nations, than the designation of the boundary; it 
being the wish of the President, and, as he has the best reason to believe, 
that of his Britannic Majesty's Government, to remove all causes for 
misunderstanding between the two countries by a previous settlement of 
all points on which they might probably arise. 

Presuming that the state of things produced by the resolution of the 
Senate above referred to, and the desire expressed by the President to 
open, carry on, and conclude the negotiation recommended by that body, 



198 [Senate Doc. No. 414. ] 

in the most iVank ami amicable iimiiner, will convince his Britannic Ma- 
jesty's GovoinuR'nt of the necessity of meeting the otiers now made with 
a corres})ondent spirit, the imdersigned is directed to propose for consid- 
eration the propriety of carrying on the negotiation at this place. The 
aid which the negotiators on both sides would derive from being in the 
vicinity of the territory in dispute, as well as the information with respect 
to localities, from persons well ac(i\iainted with them, which they might 
connnand, are obvious considerations in lavor of this proposition. 

Until this matter shall be brought to a final conclusion, the necessity 
of refraining on both sides from any exercise of jurisdiction beyond the 
boundaries now actually possessed, must be apparent, and will no doubt 
be acquiesced in on the part of his Britaunic Majesty's Provinces, as it 
will be by the United States. 

The undersigned avails himself of this occasion to renew to Mr. Bank- 
head the assurance of his high consideration. 

EDW. LIVINGSTON. 

Charles Bankhead, Esq., 

ChargC d'Ajfaires of Great Britain. 



Mr. Bankhead to Mr. Livingston. 

Washington, July 21, 1832. 

The undersigned, his Britannic Majesty's charge d'affaires, has the 
honor to acknowledge the receipt of a note addressed to him this day by 
the Secretary of State of the United States, communicating the reasons 
which have induced the Senate to advise the rejection of the award of 
the King of the Netherlands upon the question of the disputed boundary 
between the United States and his Majesty's Province of New Bruns- 
wick, and the desire of the President to enter into further negotiation 
tliereupon with his Majesty's Government. 

The undersigned has already transmitted a copy of Mr. Livingston's 
communication to his Government ; and he takes this opportnnity of re- 
newing to Mr. Livingston the assurance of his most distinguished con- 
sideration, 

CHARLES BANKHEAD. 

The Hon. EnwAnn Livingston, ^'C. 



Sir Charles li. Vaughan to Mr. Livingston. 

Washington, April 14, 1833. 
The undersigned, his IhiianuK- Majesty's envoy extraordinary and 
mini.'-ter plenipotentiary, havinir been directed l)y his Government to 
open, ui)on his arrival at Washington, a connmnucation with the Govern- 
ment of the United States upon the question which relates to the long- 
disputed claims of the two countries, with respect to the boundary be- 
tween the Northeast portion of the United States and his Majesty's 
colonial possessions in North America, has already made Mr. Livingston 
acquainted with tiie instructions which he lias received upon this qucs- 



[ Senate Doc. No. 414. ] 199 

lion, ill whicli his Majesty's Government feels so deep an interest ; and 
the undersigned is authorized by his Governnicut to lay, openly and 
without reserve, the nature of those instructions in an official note to the 
Secretary of State, as they contain the answer which his Majesty's Gov- 
ernment have decided to make to the note of Mr. Livingston of the month 
of July last. 

His Majesty had indulged a confident hope that the means of adjusting 
a question which has been the object of fruitless negotiation during a 
long series of years, and the settlement of which is essential to the 
preservation of a good understanding between the two countries, had, at 
IcHgth, been attained, by the reference to the arbitration formerly agreed 
upon and regulated by the convention of the 29th September, 1827 ; and 
his Majesty, intluenced by an earnest desire to promote the harmony so 
happily subsisting between his Government and that of the United States, 
no less than by his sense of the obligations imposed upon him, in common 
with the American Government, by that convention, did not hesitate to 
declare his acceptance of the decision of the arbitrator, notwithstanding 
the large sacrifice which it involved of territory heretofore considered as 
belonging to the British Crown. 

It was not, therefore, without very deep concern that his Majesty saw 
his hopes frustrated, and the sacrifice whicli he had been willing to make 
rendered unavailing, by the communication contained in the note ad- 
dressed by the American Secretary of State to the charge d'affaires of his 
Majesty at Washington, dated the 21st July, 1832. 

By that note his Majesty's Government are informed that the Senate 
of the United States (to which body the President, as required by the con- 
stitution, had submitted the question for its advice) had determined not to 
consider the decision of the King of the Netherlands upon the line of 
boundary, which was submitted to his arbitration, " as obligatory ;" and 
that they had refused to advise and consent to its execution, on the ground 
that his Netherland Majesty had abandoned the character of arbitrator, 
and had assumed that of mediator ; and that he had not decided the 
question submitted to him, or had decided it in a manner unauthorized 
by the terms of the reference. 

The American Secretary of State observes that the validity of the de- 
<jision would not have been questioned had the arbitrator determined upon, 
and designated, any boundary as that which was intended by the treaty 
of 1783 ; but that the line which the King of the Netlierlands advises both 
parties to accept, as one most convenient to them, trenches on the State 
of Maine, which State denies the constitutional power of the General 
Government to circumscribe its limhs without its consent. 

The necessity for further negotiation, according to Mr. Livingston's 
note, had thus become apparent, to adjust a difierence which the ari)iti-a- 
tor had failed to decide ; and that the President, therefore, in conformity 
•with a resolution of the Senate, proposes to open a new negotiation with 
his Majesty's Government, " for the ascertainment of the boundary be- 
tween the possessions of the United States and those of Great Britain, on 
the Northeastern frontier of the United States, according to the treaty of 
pence of 1783." 

His Majesty's Government regret that they cannot discover in this pro- 
posal any probable means of arriving at a settlement of this difficult 
question. It appears to his Majesty's Government to be utterly hopeless 



200 I" Senate Doc. No. 414. j 

to attempt to find out, at this time ol'day, by means of a new negotiation^ 
an assumeil lint- ot' boundary, wliicli .successive negotiators, and which 
connnissioners employed on the spot, have, during so many years, failed 
to discover; and which, finally, an impartial arbitrator, furnished by 
each claimant with every fact and argument that had been adduced on 
either side of the question, had declared tiie impossibility of tracing, in 
conlormity with the description contained in the treaty of 1783. 

Ill a subsequent part of j\lr. Livingston's note, the practicability is 
sug;,'ested of a negotiation on a broader i)rinciple. He states that, if the 
negotiators of the two parties should be unable to agree on the true line 
designated by the treaty of 17S3, ''means will probably be found .of 
avoiding all constitutional dilllculties that have hitherto attended the es- 
tablishment of a boundary, more convenient to both parties than that 
designated by the treaty, or than that recommended by his Majesty the 
King of the Netherlands;" and he adds, that "an arrangement is now in 
progress, \vith every probability of a speedy conclusion, between the 
United States and the State of Maine, by which the Government of the 
United States will be clothed with more ample powers than it has here- 
tofore possessed, to effect that end." 

His Majesty's Government will eagerly avail themselves of any prob- 
able chance of bringing to a satisfactory settlement a question of such 
vital consequence to the harmony and good understanding between the 
two Governments; and the undersigned is instructed to lose no time in 
endeavoring to ascertain from Mr. Livingston, in the first place, what is 
the principle of the plan of boundary which the American Government 
appear to contemplate as likely to be more convenient to both parties 
than those hitherto discussed ; and, secondly, whether any, and what 
arrangement, such as Mr. Livingston alludes to, for avoiding the consti- 
tutional didlculty, has yet been concluded between the General Govern- 
meiu and the State of Maine. 

It is necessary that his Majesty's Government should be informed of 
the basis upon which it is })roposed to negotiate, before they can either 
entertain the proposal, or decide upon the instructions which it may be 
necessary to give to the minister to whom the negotiation, when agreed 
to, may be intrusted ; and it is especially essential that his xMajesty should 
be previously assured that the President of the United States Avill possess 
the power of carrying into full etlcct his part of any engagement which 
may be concluded between the pleni])otentiaries of the two Governments. 

The undersigned is directed to assure the American minister, in making 
these connnunications, that, if his IVIajesty's Government shall be enabled, 
upon receiving satisfactory explanations on the points which have just 
been mentioned, to acquiesce in the proposition of the Government of th*c 
United States, they will enter upon the negotiation which may then be 
ojjened, in the most friendly spirit, and with the most sincere desire to ar- 
rive at a settliMucnt, nuUnally beneficial to both countries ; and he is 
further to assure Mr. Livingston that his Majesty's Government entirely 
concur with that of the United States in the principle of continuing to 
abstain, during the progress of the negotiation, from extending the exer- 
cise of jurisdiction within the disputed territory, beyond the limits within 
which if has hitherto been usually exercised by the authorities of either 
parly. 



[Senate Doc. No. 414. ] 201 

It is due, however, to the frankness which his Majesty desires should 
characterize every coinmiinicalion between the British and American 
Govcrunieiits, that the undersigned lias received the orders of his Majes- 
ty's Government distinctly to declare, in answt.T to that part of Mr. I^iv- 
ingston's note in which he expresses, for the lirst time, the wish of the 
American Ciovernment to connect with the discussion of the boundary 
question tliat of the navigation of the river St. John, that it will be impos- 
sible for his Majesty to admit the prmciple upon which it is attemjited to 
treat these two questions as necessarily connected with each other. What- 
ever might be the eventual decision of his Majesty upon the latter ques- 
tion, if treated separately, and whatever may be his Majesty's disposition 
to promote the harmony so hap})ily subsisting between the two countries, 
by any arrangements which might tend to the convenience of the citizens 
of the United States, without being prejudicial to the essential interests of 
his own subjects, his Majesty cannot admit any claim of right on the part 
of the citizens of Maine to the navigation of the St. John, nor can he 
consider a negotiation on that point as necessarily growing out of the 
question of boundary. 

His Majesty cannot, therefore, consent to embarrass the negotiation 
respecting the boundary, by mixing up with it a discussion respecting the 
navigation of the river St. John, as an integral part of the same question. 

The undersigned has the honor to offer to Mr. Livingston the assurance 
of his most distinguished consideration. 

CHAS. R. VAUGHAN. 

The Hon. Edward Livingston, <S|*c. 



Mr. Livingston to Sir Charles R. Vaughan. 
Department of State, 

Washington, April 30, 1833. 
The undersigned, Secretary of State of the United States, has had the 
honor to receive from the right honorable Sir Charles R. Vaughan, his 
Britannic Majesty's envoy extraordinary and minister plenipotentiary, his 
note of the 14th instant, communicating the substance of the instructions 
given by his Britannic Majesty's Government in relation to the disputed 
question of the boundary between the United States and the British Prov- 
ince of New Brunswick, and has laid the same before the President; who 
has directed the undersigned to say that he sees with great pleasure that 
the British Government concurs with that of the United States in the po- 
sition that his Netherland Majesty had not decided the question submitted 
to him, since, by Sir Charles R. Vaughan's note, it is acknowledged "that 
the arbitrator, furnished by each claimant with every fact and argument 
that had been adduced on either side of the question, had declared the im- 
possibility of tracing, in conformity with the description contained in the 
treaty of 1783," the boundary line in question ; and as the determination 
of that hue, according to the treaty of 1783, was the only question sub- 
mitted to the august arbitrator, and he having declared that he found it 
impossible to trace it in conformity with the treaty, it follows that the ina- 
bility to decide the point submitted to him leaves the high parties to the 
submission precisely in the situation in which they were prioi to the se- 



202 [ Senate Doc. No. 414. ] 

leotioii of his Netherland Majesty to be the arbitrator between them: that 
is to siiy, they iire thrown back to the convention of tlic 2.9th of Septem- 

By that convention it was agreed to snbmit the question wliich was the 
U^ue boundary, according to tlie treaty of 1783, to tlie decision of an arbi- 
trator to be chosen between them. The arbitrator selected having de- 
clared himself unable to ])erform the trust, it is as if none had been selected ; 
and it would seem as if the parties to the submission were bound by their 
contract to select another. But this would be useless, if the position as- 
sumed by the Government of his Britannic Majesty be correct, that " it 
would })e utterly hopeless, at tliis time of day, to attempt to fmd out, by 
means of a new negotiation, an assumed line of boundary, which succes- 
sive negotiations, and which commissioners employed on the spot, have, 
during so many years, failed to discover." The American Government, 
however, while they acknowledge that the task is not without its difficul- 
ties, do not consider its execution as hopeless. They still trust that a 
negotiation, opened and conducted in a spirit of frankness, and Avith a 
sincere desire to put an end to one of the few questions which divide two 
nations whose mutual interest it will always be to cultivate the relations 
of amity and a cordial good understanding with each other, may, contrary 
to the anticipations of his Britannic Majesty's Government, yet have a 
happy result. But if this should unfortunately fail, other means, still un- 
tried, remain. It was, perhaps, natural to suppose that negotiators of the 
two Powers, coming to the discussion with honest prejudices,each in favor 
of the construction adopted by his own nation, on a matter of great import 
to l)oth, should separate without coming to a decision. The same obser- 
vation may apply to commissioners, citizens or subjects of the contending 
parties, not having an impartial umpire to decide between them ; and, al- 
though the selection of a sovereign arbiter would seem to have avoided 
these difficulties, yet this advantage may have been more than coun- 
tervailed by the want of local knowledge. All the disadvantages of these 
modes of settlement, heretofore adopted, might, as it appears to the Ameri- 
can Goverimient, be avoided by appointing a new commission, consisting 
of an eipial number of commissioners, with an umpire selected by some 
friendly sovereign from among the most skilful men in Europe, to decide 
on all points in which they disagree ; or, by a commission entirely com- 
posed of such men, so selected, to be attended, in the survey and view of 
the country, by agents appointed by the parties. Impartiality, local 
knowledge, and high professional skill, would thus be employed, which, 
tliounh heretofore separately called into the service, have never before 
been rom])in('d for the solution of the question. This is one mode; and 
pt^rhaps rjthcrs might occur in tlie coiu'se of the discussimi, should the ne- 
gotiators fail in agreeing on the true boundary. An opinion, iiowever, is 
entertained, and has been hereinbefore expressed, that a view of the sub- 
ject, not l)itherto taken, might lead to another and more favorable result. 

A free disclosure of this view might, according to the dictates of ordi- 
nary diplomacy, witii more pro])riety, perhaps, be deferred until those of 
Ins Jiritannic Majesty's Government should be more fully known, or at 
hMst initil that Government h;id eonseuted to ojien a negotiation lor de- 
Uinnhuu'j, the boundary; but tiu; ]»l;un dealing with which the President 
d«;sires this and all his other eonimunieations with foreign Governments to 
be conducted, has induced a development of the principle for the consid- 
eration of his Majesty's Government. 



f Senate Uoc No. 414. J 



203 



Boundaries of tracts and countries wlu-re tlio region through which 
the hue is to pass is unexplored, are frequently designated by natural ob- 
jects, the precise situation of which is not known, but which are supposed 
to be in the direction of a particular point of the compass. Where the 
natural object is found in the designated direction, no (juestion can arise. 
Where the course will not touch the natural boundary, the rule univer- 
sally adopted is, not to consider the boundary as one impossible to be 
traced, but to preserve the natural boundary, and to reach it by tlie nearest 
direct course. Thus, if, after more accin-ate surveys shall have been made, 
it should be found that the north course, from the head of the St. Ooix, 
should not reach the highlands which answer the description of those 
designated in the treaty of 1783, then a direct line from the head of the 
St. Croix, whatever may be its direction, to such highlands, ought to be 
adopted, and the line would still be conformable .to the treaty. As this 
principle does not seem, hitherto, to have been adopted, it appears to the 
Government of the United States to offer to the commissioners who may 
be appointed the means of an amicable adjustment. 

When the note of the undersigned to Mr. Bankhead, of July last, was 
written, reasonable hopes were entertained that the arrangement spoken 
of in that note, by which the Government of the United States might be 
enabled to treat for a more convenient boundary, would, ere this, have 
taken place. The anticipations then entertained have not, as yet, been 
realized; and the Government of the United States can only, in the present 
state of things, treat on the basis of the establishment of the boundary 
presented by the treaty. 

As the suggestion in relation to the navigation of the St. John's was 
introduced only in view of its forming a part of the system of compen- 
sations in the negotiation for a more convenient boundary, if that of the 
treaty of 1783 should be abandoned, it is not now insisted on. 

In conclusion, the President has remarked, with sincere pleasure, in 
Sir Charles Vaughan's note, the expression of a desire on the part of his 
Government to c^iltivate and increase the harmony and good understand- 
ing which so happily subsists between* the two countries, and to put an 
end to all questions that may in the least degree interrupt it — a disposition 
which is warmly reciprocated by the President. 

The undersigned avails himself of this occasion to offer to Sir Charles 
R. Vaughan the expression of his highest consideration. 

EDW. LIVINGSTON. 

The Riglit Hon. Sir Charles R. Vaughan, 

Envoy Extraordinary and Minister 

Plenipotentiary of his Britannic Majesty. 



Sir Charles R. Vaughan to Mr. Livingston. 

Washington, May 11, IS 33. 

The undersigned, his Britannic Majesty's envoy extraordinary and 
minister plenipotentiary, has the honor to acknowledge the receipt, on 
the 6th instant, of the note of the Secretary of State of the United States, 
dated the 30th April, in answer to the communication made by the un- 
dersigned of the instructions which he lias received from his Govern- 



204 I Senate Doc. No. 414. ) 

ment relative to the disputed boundary ; and he begs leave to make some 
observations, bt'fbre he subinits it to the consideration of the British Gov- 
ernnjeut. 

With reirard to the entire concurrence of his Majesty's Government 
Willi that of the United States, <' in the position that his Netlierland 
Majesty has not decided tiie question submitted to him, because he had 
declared it impossible to trace the boundary according to the treaty of 
17S3." Though both Governments must agree in the impossibility of 
tracing a boundary line by the defective description of it in that treaty, 
the two Governments took very dilferent views of the nature of the obli- 
gations which they had incurred in common under the convention of 
arbitration. Great Britain felt bound to accept the award of the arbitra- 
tor, who suggested a line of boundary, having been unable to trace that 
described in the treaty, notwithstanding that the acceptance would cause 
a great sacrifice of territory hitherto considered as belonging to the British 
Crown. According to the note of Mr. Livingston, of the slst July, 1832, 
the Senate of the United States "determined not to consider the decision 
of the King of the Netherlands as obligatory, and they refused to advise 
and consent to its execution." This rejection of the decision of the arbi- 
trator by the Government of the United States has thrown the parties, as 
Mr. Livingston observes, into the situation in which they were prior to 
the selection of his Netherland Majesty to be the arbitrator between them. 
It may be observed, also, that though the tracing of the boundary line, 
according to the treaty of 1783, appeared, from the statements delivered 
by the respective parties, to be the principal object of arbitration, the 
King of the Netherlands was invited, in general terms, " to be pleased to 
take upon himself the office of arbitrator of the differences between the 
two Governments." It was a measure adopted in order to put an end to 
tedious and unsatisfactory negotiations which had occupied the attention 
of the Government for more than forty years ; and, by the seventh article 
of the convention, it was agreed "that the decision of the arbiter, when 
given, shall be taken affinal and conchisive, and shall be carried, without 
reserve, into immediate effect." 

The undersigned caimot but regret the rejection of the decision of the 
King of the Netherlands, when he sees, throughout the note of Mr. Liv- 
ingston, all the difiiculties which attend the endeavors of the two Gov- 
ernments, actuated by the most frank and friendly spirit, to devise any 
reasonable means of settling this question. 

Mr, Livingston seems to be persuaded that a renewed negotiation may 
yet have a happy result ; and the undersigned observes with satisfaction 
that the Government of the United States has consented not now to in- 
sist upon th.' navigation of the St. John's river — a claim which the British 
Govennnent refused to consider in connexion with the boundary question. 
But the arrangement in progress last summer having failed, which was to 
result in enabling: the General Government to treat for a more convenient 
boundary, that Govennnent, in the present state of things, con only treat 
on th(! basis of the establishment of the boundary presented by the'treaty. 

Thf! undersigufd is convinced that it is hopeless to expect a favorable 
result from a renewed negotiation upon that basis. 

With regard to Mr. Livingston's ])roposal, that, in the event of negotia- 
tion (ailing, the two Governments may have recourse to a commission of 
boundary, composed of equal numbers, selected by each party, to be at- 



[ Senate Doc. No. 414. ] 205 

tended by an umpire chosen by a friendly sovereign, to decide at once all 
disputed points ; or, that a connnissiou of some of the most skilful men 
in Europe should be selected by a friendly sovereign, and should be sent 
to view and survey the disputed territory, attended by agents appointed 
by the parties ; the undersigned can only express his conviction that, after 
the expense, delay, and unsatisfactory result of the commission of boundary 
under the fifth artiflc of the treaty of Ghent, it must be with great re- 
luctance that the British Government consents to have recourse to such a 
measure. He does not conceive that it would be an easy task to engage, 
in such a service, "all the impartiality, local knowledge, and high pro- 
fessional skill," which it would be necessary " to combine for the solution 
of the question" to be submitted, and which either the umpire in the one 
instance, or the commission of scientific persons in the other, were to de- 
cide peremptorily. 

The undersigned does not sufficiently comprehend the other view 
which Mr. Livingston has partially developed in his note, and which the 
latter conceives might lead to a more favorable result. It seems applica- 
ble to the manner in which the line due north from the sources of the St. 
Croix river may be drawn, in conformity with the treaty of 17S3, though 
not strictly according to the terms in which that article is drawn up. 
The natural feature on the boundary, which Mr. Livingston supposes to 
exist, and to which the Une in question is to be drawn, it is presumed, are 
the highlands mentioned in the treaty ; the fixing the position of which 
highlands has formed the principal difficulty, hitherto, in adjusting the 
boundary. A deviation from the direct north line laid down in the treaty, 
might lead to an oblique line being drawn to mountains to the eastward 
of it, which would trench upon his Majesty's territories of New Bruns- 
wick. The undersigned, however, does not venture, with the imperfect 
knowledge which he has of all the bearings of the view developed by 
Mr. Livingston, to do more than suggest a doubt of its advantages. 

The rejection of the award of the arbitrator, by the Government of the 
United States, revives, to their full extent, the pretensions of Great Britain ; 
and it becomes an object of great importance to put an end to this ques- 
tion of boundary — "one of the few 'questions," as Mr. Livingston ob- 
serves, "which divide two nations whose mutual interest it will always 
be to cultivate the relations of amity, and a cordial good understanding 
with each other." 

It is the duty of the undersigned to transmit immediately to his Gov- 
ernment the note of Mr. Livingston ; but, at the same time, he cannot 
resist from inviting the Secretary of State of the United States to offer, 
without waiting the result of that reference, some more prompt and effec- 
tive measure for the settlement of the boundary than the renewal of a nego- 
tiation on an inadmissible basis, or having recourse again to commissions 
of boundary, which, though upon an improved plan, so far as the ensuring 
of a final result may be concerned, are too complicated in their nature to 
bring about a speedy or a satisfactory decision. 

The imdersigned has the honor to renew to the Secretary of State the 
assurance of his most distinguished consideration. 

CHARLES F. VAUGHAN. 

The Hon. Edward Livingston, &c. 



206 [ Senate Doc. No. 414. J 

Mr. Livingston to Sir Charles R. Vaughan. 

Department op State, 

JVushiiigton, May 28, 1833. 

SiH ; III the two conversations we have had, on the 13th and 27th in- 
stant, yon reqncsted some fnrther development of the propositions' con- 
tained in my note of the 30th April. 

Tlie principal object of that note was to show tliat the faikire of the 
several endeavors which had been made to ascertain the true boundary 
between the United States and tlie liritish Provinces of New Brunswick 
and Lower Canada ought n(»t, as is thought by his Britannic Majesty's 
Government, to be attributed to any insuperable dillicuhy, but rather to 
the inefficiency of the means heretofore resorted to in order to secure such 
a decision as should be binding on both parties, and to the want of atten- 
tion, by the commissioners and arbiter severally employed for that pur- 
pose, to an established rule in tlie settlement of boundaries. 

The first point seems to be fully explained in my note above referred 
to ; and I repeat, that the President will agree to either of the modes 
therein suggested, to secure a final decision of tlie question. The rea- 
sons why, under the present circumstances, he caimot undertake to nego- 
tiate upon any other basis than that of the treaty of 1783, drawn from 
the nature of our Government, were fully explained to you in those con- 
versations. And the probability of ascertaining the boundary according 
to that treaty, by applying the principle to which I, perhaps, too briefly 
alluded in my note, was further developed. That you may present it in 
a more precise form to your Government, I now repeat the substance of 
my observations. 

The boundary, as far as the head of the river St. Croix, is ascertained 
and agreed upon by both nations. The monument erected there is, then, 
a fixed point of departure. From thence we have a two-fold description 
of boundary : a line in a certain direction, and a natural object to which 
it was supposed the line in that direction would lead ; "a line from the 
source of the river Si. Croix, directly north," and the highlands which 
divide the waters that flow into the Atlantic ocean from those which flow 
into the river St. Lawrence. The American Government have believed 
that these two descriptions Avould coincide; that is to say, that the high- 
lands designated by the treaty would be reached by a north line drawn 
from the head of the St. Croix. They make no pretensions further east 
than that line ; but if, on a more accurate survey, it should be found that 
the north line mentioned in the treaty should pass each of the highlands 
therein di-scribed, and that they siiould be found at some point further 
west, then th<! principle to which I refer would apply, to Avit: that the 
direction of the line to connect the two natural boundaries must be 
altered so as to suit their ascertained position. Thus, in the annexed 
diagram: suppose A the monument at the head of the St. Croix; A B the 
north line drawn from them. If the liighlands described in the treaty 
should be Iburxl in the course of that line, both the descriptions in the 
treaty would be found to coincide, and the (juestion would be at an end; 
if, on the contrary, tliose highlands should be found at C or I), or any 
other point West of that line, then the Eastern boundary of the United 
States would be the line A C or A D, or any other line drawn directly 



[ Senate Doc. No. 414, J 



207 



from the point A to the place which should be foimd to answer the de- 
scription of the Iiighlands mentioned in the treaty. 

This being fuhy understood, the President is wilHng, in order to sim- 
phfy the operation, that the conmiission should be restricted to the simple 
question of determining tiie point designated by the treaty as the high- 
lands whicii divide the waters, to whicli point a straight line shall be 
drawn from the monument, and this line shall, as far as it extends, form 
part of the boundary in question ; that they shall tiien designate the 
course of the line along the highlands, and fix on the point designated as 
the northwesternmost head of the Connecticut river. 

It will be obvious to you, sir, that, until a survey and decision shall 
be had in one of the modes pointed out in my note, or in some other 
to be agreed on, the President cannot designate any line which he 
would be willing to adopt as the boundary ; but he directs me to repeat 
his firm persuasion that a speedy and satisfactory arrangement may be 
made, by a negotiation carried on by both parties in the spirit of concili- 
ation by which he is actuated, and which, he has not the least doubt, will 
direct the Government of his Britannic Majesty. 

I have the honor to be, very respectfully, your most obedient servant, 

EDWARD LIVINGSTON. 

Rt. Hon. Sir Charles R. Vaughan, 

Envoi/ Extraordinary, 4'C. 



D 



B 



\ \ 

\ 



1 



Sir Charles B. Vaughan to Mr. McLane. 

Washington, May 31, 1833. 
The undersigned, his Britannic Majesty's envoy extraordinary and 
minister plenipotentiary, has the honor to acknowledge the receipt of a 
note from Mr. Livingston, dated 28th Mtiy, and previously to the ap- 



208 f Senate Doc. No. 414. ] 

pointmcnl of Mr. McLaiie as Secretary of State of the United States, 
explaining; a proposition made by the former in a note dated 30th April, 
relative to a new maimer in which ihe boundary Hne might be traced be- 
tween the possessions of his JMajcsty and those of the United States. 

TJio unclersigned observes, with great satisfaction, the desire of the 
Government of the United States, as manifested in the proposal of Mr. 
Liviiii^sion, to devise some mode by which the question of boundary may 
be tinally settled ; but he at (he same time regrets that he cannot anticipate 
the favorable result expected by Mr. Livingston, should the two Govern- 
ments adopt his proposal. 

The imdersigned is led to believe, after the commmiication which ho 
has lately had, both with Mr. Livingston and Mr. McLane, that insupera- 
ble constitutional dilficnlties impose upon the Government of the United 
States a restriction to treat only of a line of boundary according to the 
terms of the treaty of 1783. That the only deviation, therefore, which 
can be admitted in tracing the boundary, from the strict terms of the 
treaty, is an abandonment of the direct due north line from the St. Croix, 
which has been hitherto followed in search of the highlands of the treaty ; 
and a permission to be given to a joint commission to be sent expressly 
to examine the country, to follow an obhqu? line to the westward of the 
direct north line, until they shall meet with highlands answering the de- 
scription given of them in the treaty, as dividing rivers falling into the 
Atlantic from those which fall into the St. Lawrei;ce. A line drawn to 
them, wherever they may be found, from the monument at the source of 
the St. Croix, would be such a compliance with the description of the 
boundary laid down in the treaty, as to remove all constitutional dilh- 
culties in the way of the GovernmRUt of the United States, and enable it 
to fix that line as the line of boundary. 

It is not for the undersigned to discuss the nature of the constitutional 
ditficullics mr-ntioned by Mr. Livingston. It is to be lamented that they 
are stated to be iu.surmouutable, and that the proposition of Mr. Living- 
ston, after a <liscu3sion which has occupied the two Governments, from 
time to time, for upwards of forty years, is the only offer which the British 
Government can expect to receive from the Government of the United 
States. It appears to the undersignel that the time is now arrived when 
this per[)lexed an 1 hitherto interminable question can only be set at rest 
by an al)andonment of the d(?fective description of boundary contained 
iu the treaty, by the two Governments mutually agreeing upon a con- 
ventional line of boundary more convenient to both parties than those 
insistc'd upon by the commissioners of boundary under the 5th article 
of the treaty of Ghent, or the line suggested by the King of the Nether- 
lands. 

The proposition of Mr. Livingston very justly provides against any 
deviation eastward froui the direct north line from the St. Croix ; but the 
-operation which it contemplates is still so restricted to the terms of the 
treaty, that the basis of it is tlie .same as that which the undersigned has 
been instructed by his Govcirnment to inform the Government of the 
United States that it was hopeless to negotiate upon. The lines of 
boin)dary In id down by the connnissloncrs who framed the treaty of 
178.3, may fairly he considered as itnn<jinary. arising from their ignorance 
at the lime of the actual geography of the country. 'I'lic point of depart- 
ure of the boundary line was not settled until upwards of ten years after 



[ Senale Doc. No. 4 14. J 209 

it had been so confidently laid down in ihc treaty, when a commission 
under tlic treaty of 17!J4 ascertained what river was to be considered as 
tlie St. Croix. In IS 14 no less than lour commissions were appointed 
under the treaty of Glient to discover and trace as many portions of the 
line of boundary laid down in the treaty of 1783. 

The point of deparnne of the line to be traced accordnig to the prop- 
osition of Mr. Livmgston is clearly established ; but the jiohit at which 
it is to terminate is left in doubt, and to be decided by tlie special com- 
mission charged to find oat highlands answering to the description in the 
treaty, westward of the direct hne, Avhich has alone been hitherto ex- 
plored. The undersigned wishes to be informed what limitations it is in- 
tended to put ui)on the course to be followed by the special commission. 
The diagram which is annexed to Mr. Livingston's note does not explain 
whether the attention of tlie commissioners is to be directed to any par- 
ticular spot, or whether they are to be let't at liberty to stop at the first 
highlands answering the required description with which Ihey njay meet 
after their departure from the monument. It should be recollected that 
Great Britain hqs hitherto insisted upon the highlands of the treaty of 
1783 being sought for exclusively soutli of the St. John's river; and she 
denies the claim of the Unhed States to any territory north of the St. 
John's. Tlie omission of all mention of so remarkable a feature in the 
boundary as the intersection of that river, botli in the treaty and in the 
accounts extant of the negotiations, justifies the inference that the com- 
missioners who formed that treaty did not contemplate the existence, 
north of the St. John's, of the highlands which they described. 

. The undersigned must here remind the Secretary of State of the United 
States that the^British Government, by the rejection of the decision of the 
King of the Netherlands, is at liberty to recur to their former position be- 
fore tlie arbitration, and to mUintain the claims and pretensions they 
originally established. A strong point in those claims is the exclusive 
possession of the St. John's. Nor must it be inferred that Great Britain, 
by having expressed a willingness to accept the line of boundary sug- 
gested by the arbiter, which intersected the St. John's, is in any shape 
prepared now to surrender that claim without a due equivalent. 

The undersigned begs leave to observe, that the impression left upon 
his mind, after liis conversation with Mr. Livingston, and the production 
by him of a map upon a small scale, is, that the highlands to be sought 
in the manner lie proposed would probably be found north of the St. 
John's, but westward some miles of the river St. Francis. A subsequent 
conversation with Mr. McLane left the impression that the special com- 
mission would have their attention directed to an examination of the 
country along the line assumed as the boundary by the American com- 
missioners under the treaty of Ghent. 

The delay occasioned by a reference to his Government, imposes upon 
the undersigned the obligation of endeavoring to investigate fully, and to 
seek every explanation of this proposition made by Mr. Livingston, as a 
means of setthng the question of boundary, before he submits it to the 
consideration of his Majesty's Government. From what has been al- 
ready stated in this note, the undersigned will be happy to receive from 
Mr. McLane some further explanation of the intended course to be pointed 
out to the special commissioners, who, he takes it for granted, are to be 
appointed in one of the two forms stated by Mr. Livingston in his note of 
15 



5210 [ Senate Doc. No. 414.] 

tlio 30th April. If it is in the contemplation of the American Govern- 
ment to seek the highlands north of the St. John's, and upon tlie line as- 
sumed by tlie American commissioners under the treaty of Ghent, the 
assent of the British Government to the proposition of Mr. Livingston 
M'ould concede to the Government of the United States nearly all that 
they have hitherto claimed, and place the British Government in an in- 
finitely worse position than they were willing to accept, at a great sacri- 
fice of territory, by acrpiiescing, as they thought themselves bound to do, 
n the award of the arbiter. 

The obscurity which, after all the endeavors of the two Governments, 
still rests upon the position of tlie highlands, the Secretary of State, I 
trust will allow, throws some difficulty, without further explanation, in 
the way of acceding to the proposition of Mr. Livingston. 

The undersigned has the honor to olfer to Mr. McLanc the assurance 
of his highest consideration. 

CHARLES R. VAUGHAN. 

The Hon. Louis McLane. 



Mr, McLane to Sir Charles R. Vaughan. 

Department of State, 

Washingto7i, June 5, 1833. 

The imdersigned. Secretary of State of the United States, has the honor 
to acknowledge the receipt of a note from the right honorable Sir Charles 
R. Vaughan, envoy extraordinary and minister plenipotentiary of his 
British Majesty, dated the 31st of May, requesting further explanations 
of the proposition made by Mr. Livingston in his note of the 30th April, 
and by him further explained in that of the 28th INlay, relative to a new 
manner in which the boundary line might be traced between the posses- 
sions of the United States and of his Britannic Majesty's Government, on 
the Northeastern frontier. 

The undersigned has submitted Sir Charles R. Vaughan's note to the 
President ; and has the honor to state that, anxiously desiring finally to 
settle this question of boundary, and entertaining the fullest confidence 
that the proposal already made under his direction will accomplish that 
object satisfactorily to both nations, the President readily directs such 
further ex])lanations to be given as will render that proposition entirely 
explicit and intelligible. 

The undersigned concurs with Sir Charles R. Vaughan in avoiding at 
this time any particular discussion of those constitutional diliicultics which 
restrict the United States to a line of boundary according to the treaty of 
1783, more especially as they have been recoitly explained to Sir Charles 
R. Vaughan, and must be well understood by him. 

In regard, however, to the suggestion of Sir Charles R. Vaughan, that 
the time has now arrived when this j)erplexed and hitherto interminable 
question can only be set at rest by an abandonment of the defective de- 
scription of bf)undary contained in the treaty, by the two Governments 
mutnally agreeing upon a conventional line of boundary more convenient 
to both parties than that insisted upon by the commissioners under the 
fifth article of the treaty of Ghent, or the Ihic suggested by the King of 



[ Senate Doc. No. 414. J 211 

the Netherlands, it may be proper to remark that the embarrassments, in 
tracing the boundary in the treaty of 1783, arose more from the princi))lcs 
assumed, and in the manner of seeking for it, than from any real defect in 
the description when properly understood; and that, m the present state 
of this business, the suggestion of Sir Charles II. Vaughan would rather 
add to than obviate the constitutional dilliculties, already insuperable. 

These dilliculties arise from a denial of tlie power of the General Gov- 
cnmient, under the coiistilutiou of tlie United States, to dispose of any 
portion of territory belonging to eitlicr of the States composing die Union. 

The territory of the State of Mahie is supposed to comprehend all the 
land which would be thrown within her limits by establishing the true 
line of the treaty of 1783 ; and as any conventional line south of the true 
line of the treaty would deprive her of so much of her territory, it could 
not be adopted, luiless on grounds of greater public necessity than at 
present exists, without the consent of that State. It is not probable that 
such consent would be given by the State of Maine while there remained 
a reasonable prospect of discovering the line of the treaty of 1783 ; and, 
for the same reason, the President would not be authorized, after tlie re- 
cent proceedings in the Senate, to venture now to agree upon a conven- 
tional line Avithout such consent. 

Under these circumstances, the President directed the proposition sub- 
mitted in Mr. Livingston's note of the 30tli April, as affording, not only 
a reasonable prospect, but, in Ids mind, the certain means of ascertaining 
the boundary called for by the treaty of 1783, and of finally terminating 
all the perplexities which have encompassed that subject. 

In reply, therefore, to the wish expressed by Sir Charles R. Vaughan 
to be informed what limitations it is intended to be put upon the course 
to be pursued by the special commissioners ; whether their attention is to 
be directed to any particular spot, or whether they are to be left at liberty 
to stop at the first highlands answering the required description with 
which they may meet after their departure from the monument ; the un- 
dersigned has the honor to state, that it is not expected that any limitations 
will be put upon the course to be pursued by the special commissioners 
but such as are required by a faithful adherence to the description of 
boundary in the treaty of 1783. 

It is true that Great Britain has hitherto insisted upon the highlands of 
the treaty of 1783 being sought for exclusively south of the St. John's 
river ; but it is also true that the United States have, with equal confi- 
dence and pertinacity, insisted upon seeking for them exclusively north of 
that river. 

It is the difficulty of reconciling these conflicting pretensions which has 
hitherto prevented the settlement of the boundary question ; arising chiefly, 
however, from the impracticability of finding a point of highlands answer- 
ing the description in the treaty, to which a line due north from the monu- 
ment could be drawn. 

It is now proposed, therefore, to make another efibrt, and by means 
which heretofore have not been tried, to overcome this difllculty, and, dis- 
carding the due north line, should that become necessary, to seek for, and 
find, in the first place, the "highlands which divide those rivers that empty 
themselves into the river St. Lawrence from those which fall into the At- 
lantic ocean;" and when these shall be found in any part of the disputed 
territory, north or south of the St. John's river, to draw a line from the 



212 [ Hcnatc Doc. No. 4 i 4. J 

monuinoiit to the said highlands, and to lliat point tliereof which shall be 
iieire.st to a due north line from the monument. Mr. Livin£,^ston, in his 
note of the 2Sili May, has already provided against any deviation east- 
Avard from the direct north line from the St. Croix. 

The undersigned avails himself of this occasion to ofler to Sir Charles 
K ^'aughan the assurance of his highest consideration. 

LOUIS McLANE. 



Sh' Charks R. J'auL^/um to Mr. Mc Lane. 



'o' 



Washingtox, Jujie 6, 1S33. 

The undersigned, his Britannic Majesty's envoy extraordinary and 
minister plenipotentiary, hastens to acknowledge the receipt of the note 
of the Secretary of State of tlic United States, allbrding him the further ex- 
])lanation which he thought it his duty to require of the proposition made 
by Mr. Livingston for settling the bomidary. 

The undersigned begs leave to express his satisfaction upon learning 
that tlie President directed an immediate answer to be given to his inqui- 
ries, and an assurance that no liraitations are to be put upon the course of 
the proposed commission, which is to endeavor to lind highlands separa- 
ting waters as described in the treaty of 1783, in any part of the disputed 
territory, north or south of the St. John's. 

The undersigned will lose no time in submitting the proposition made 
by the Government of the United States to his Majesty's Government, as 
the President, it appears from Mr. McLane's note, is not authorized, after 
the recent proceedings in the Senate, to agree upon a conventional line of 
boundary, without the consent of the State of Maine, which it is not prob- 
able will be given while there remains a reasonable prospect of discover- 
ing the line of the fteaty of 1783. 

The undersigned has the honor to renew to IMr. INIcLanc the assurance 
of his highest consideration. 

CHAS. R. VAUGHAN. 

Hon. Louis McLane, Secretary of State. 



Sir Charles JR. J^aughan to Mr. McLane. 

Washington, Febriiar}/ 10, 183-t, 

The midersigned, his Britaimic Majesty's envoy extraordinary and 
minister ])lenipotcntiary, has the honor to submit, by direction of his Gov- 
cnmieiit, the following observations to the Secretary of State of the Uni- 
ted States, on the subject of tliat constitutional didiculty by which the 
American Govcrment, according to a late correspondence with Mr. Liv- 
ingston, is j)revented iVom arcjuiescing in the arrangement recounnendcd 
by the King of the NethcrhuKJs fm- the Anal .'^etl lenient of the boundary in 
the neighborhood of the river St. John. 

The constitutional diinculty hi t|Ucstion is staled to be the want of au- 
thority in the Governmciut to cede territory belonging to nwy one of the 
States of lh(! Union ; and it arises, on the present occasion, m consequence 
of an objection advanced by the State of Maine. 



f Senate Doc. No. 414. ] 213 

The Government of Maine assumes tliat the treaty of 17S3 has given 
to that State a ])er{ect title to all the territory lyint^ to the southward of the 
highlands north of the St. John's, and to the westward of the meridian of 
the head of the St, Croix. Tlie State of Maine can have no other title to 
this territory than that which she derives from the treaty ; and if the 
treaty is found to have left tliat title imperfoct, tho assumption that tlie 
territory claimed under it is the territory of iMaine falls to the ground ; 
and that assumption is the basis of the constitutional objection by which 
the American Government conceives itself fettered. 

The arbiter has certainly failed to establish a boundary, such as is de- 
scribed by the treaty, for the whole of the interval between the source of 
the St. Croix and those highlands which divide the waters of the Chau- 
diere from those of the Kennebec ; but he has at least determined what is 
not that boundary. He has decided, for instance, in opposition to the 
claim of Great Britain, that the boundary to be sought for does not lie 
along the highlands to the south of the St. John's ; but he has equally de- 
cided that it is not along the highlands claimed by America to the north 
of the St. John's. For, by declaring that the rivers St, John and Risti- 
gouche arc not Atlantic rivers, within the meaning of the treaty, and fur- 
ther, that the treaty requires an immediate division of rivers by the high- 
lands, and is not satisfied by an immediate division in one direction and 
a mediate division in the other, he has decided that neither the highlands 
claimed by Great Britain, nor those which are claimed by America, fulfil 
both of the necessary conditions. The arbiter's opinion is, that each of 
those ranges of highlands fulfils one of those conditions and fails to fulfil 
the other ; that it is geographically impossible that there should exist 
highlands east of the sources of the St, John's, which can fulfil both of 
them together ; and, consequently, that the territory which lies between 
the highlands claimed by Great Britain and those claimed by the United 
States, respectively, is not the absolute property of eitlier party, but is, in 
some proportion or other to be hereafter determined, the property of 
both ;' that the territory, if not entirely British, is also not entirely Ameri- 
can, and therefore is not such territory as the American Government can 
be precluded by the constitution from relinquishing. 

The only part of the territory in question to which the Government of 
the United States cannot constitutionally give up its claim, is that part 
which belongs of right to Maine, according to the treaty of 1783. But 
the arbiter has clearly decided that the whole of the disputed territory 
does not so belong to the State of Maine ; and finding it impossible to de- 
termine how much of it is so belonging to Maine, he recommends a com- 
promise, by which the contending parties should settle their difterences. 

The undersigned has the honor to renew to JMr. McLane the assurance 
of his most distinguished consideration. 

CHAS. R. VAUGHAN. 

The Hon. Louis McLane, Secretary of State. 



Sir Charles R. Vang/ian to Mr. McLane. 

Washington-, February 10, 1S34. 

His Britannic Majesty's Government having given the most attentive 
and deliberate consideration to the several communications received from 



214 [ Senate Doc. No. 4l4. ] 

the Government of the United States upon tlie important subject of the 
Nortlieastcrn boundary, the undersigned has received his Majesty's com- 
mands to make the following connnunication to the American Govern- 
ment in reply. 

His Majesty's Government have great ])leasure in acknowledging the 
friendly spirit which pervades the commnuications of the Government of 
the United States on this subject. Desirous as his Mojcsty's Government 
are to conilrm and perpetuate the good understanding which so happily 
subsists between the two countries, they naturally feel anxious to bring 
to an amicable adjustment a question which has so long remained unset- 
tled, and they cannot but liatter themselves that, through a conciliatory 
disposition on both sides, the remaining difficulties might be overcome. 

His Majesty's Government trust that they gave a proof of this disposi- 
tion on their part, when they intimated to tlie Government of the United 
States that not only were they prepared to abide, as they consider both 
parties bound to do, by the decisions of the King of the Netherlands upon 
such of the pohits rel'erred to him upon which he has pronounced a de- 
cision, but that they were willing to agree to the compromise which that 
sovereign has recommended, upon the single point upon which he found 
it impossible to make a decision strictly conformable with the terms of the 
treaty. 

The Govermnent of the United States has not hitherto concuiTed with 
that of his Majesty in this respect ; but, as such a course of proceeding on 
the part of the two Governments would lead to the speediest and easiest 
settlement, it is the wish of his Majesty's Government to draw the atten- 
tion of the American cabinet to some considerations on this subject, before 
they advert to the new proposition made to the undersigned by Mr. Liv- 
ingston. 

It is manifest that nothing but a sincere spirit of conciliation could in- 
duce his Majesty's Government to agree to the adoption of the arrangement 
recommended by the King of the Netherlands, because the boundary which 
he proposes to draw between the two parties would assign to the United 
States more than three-fifths of that disputed territory; to the whole of 
which, according to the terms of the award itself, the title of the United 
Slates is defective in the same degree as that of Great Britain. 

But it seems important, in the first place., to consider what the reference 
was, wliich the two })arties agreed to make to the King of tlie Netherlands, 
and how far that sovereign lias determined the matters which were sub- 
mitted for his decision. 

Now, that which the two Governments bound themselves to do by the 
convention of the 29th September, 1S27, was, to submit to an arbiter cer- 
tain " points of difl"erence which had arisc^n in the settlement of the boundary 
between tlie lirilish and American dominions," and to abide by his de- 
cision on th(ise j)oints of didcrence ; and they subse(juently agreed to name 
tlie King of the N( therlands as their arbiter. The arbiter, then, was called 
upon to determine certain questions; and, if it should appear that he has 
determined the greater part of the points submitted to him, his decisions on 
those points cannot be rendered invalid by the mere circumstance that he 
declares that one remnininc: jioint cannot be decided in any manner that 
shall be in strict confiarmity with the words of the treaty of 178.'^ and that 
lie eonsecpieiitly recommends to the two ])arties a compromise on that 
particular point. 



[ Senate Doc. No. 4l4. J 215 

The main points rofen-ed to tlie King of the Netherlands wore the three 
following : 

First. Which is the spot designated in tin; treaties as the northwest 
angle of Nova Scotia; and which are the highlands dividing tiie rivers 
that empty themselves into the river St. Lawrence from those falling into 
the Atlantic ocean, along which highlands is to \n) drawn the line of 
honndary from that angle to the northwest head of the Connecticut river? 

Secondly. Which is the northwest head of the Comiecticut river? 

Thirdly. Which is the houndary to be traced from the river Connecticut, 
along the parallel of the 45th degrc^e of north latitude, to the river St. Law- 
rence, called in the treaties Iroquois, or Cataraquy? 

Now, without adverting for the present to the opinion of the arbiter on 
the iirst point, the undersigned has to remark that, on the second point, 
he has given a positive decision, strictly confined within the limits of the 
reference, and to which no objection, even of a technical nature, can by 
possibility be m'ged. 

On the third point, also, the arbiter has given a positive decision ; and 
he has declared that the 45th degree of latitude should be determined by 
observation. He has, indeed, added to this decision a recommendation 
that Rouse's point, and a surrounding circle, with a radius of one kilometre, 
shall belong to the United States, whether Rouse's point be or be not in- 
cluded within the territory of the United States, according to the boundary 
to be drawn by astronomical observation ; and his Majesty's Government, 
ill subscribing to the decision of the arbiter on this point, which, like his 
decision on the second, they consider to be binding on both parties, declares 
itself willing to accede to tlie above-stated recommendation. 

It appears, then, that, upon two points out of the three, the arbiter has 
made a plain and positive decision. 

Upon the remaining point he has declared that it is impossible to find 
a spot, or to trace a line, which shall fulfil all the conditions required by 
the words of the treaty, for the northwest angle of Nova Scotia, and for 
the highlands along which the boundary is from that angle to be drawn; 
and he, consequently, recommends to the two parties a line of boundary 
which he considers conformable with the spirit of the treaty, and to ap- 
proach the most nearly to the probable intention of its framers; and this 
line the British Government is still willing to adopt. But though the 
arbiter has declared that it is not possible to find a northwest angle for 
Nova Scotia, nor a separating range of highlands, which shall be precisely 
conformable with the words of the treaty, yet, in the course of his reason- 
ing upon this point, he has decided several questions connected with it, 
npon which the two parties had entertained ditfcrent views ; and it is the 
opinion of his Majesty's Government that the decisions of the arbiter upon 
these subordinate questions ought to be acquiesced in by the two Govern- 
ments. They think that the spirit of the agreement to make the reference 
requires that the two parties should so acquiesce; and they are, moreover, 
of opinion that, by doing so, the two Governments would clear away 
several of the remaining points of difference, and materially facilitate an 
amicable adjustment of the rest. 

1st. The arbiter expresses his opinion that the term "highlands" may 
properly be applied not only to a hilly and elevated country, but to a tract 
of land which, without being hilly, divides waters flowing in different 
directions; and, consequently, according to this opinion, the highlands to 



216 [ Senate Doc. No. 4 I I. J 

be sought for are not necessarily a range of mountains, but ratlier the 
summit-level of the country. 

2d. The arbiter expresses his opinion that an inquiry as to what were 
the ancit'iit boundaries of the North American Provinces, can be of no 
use for the present purpose; becausi' those boundaries were not maintain- 
ed by the treaty of 17S3, and had, in truth, never been distinctly ascer- 
tained and laid down. 

3d. The arbiter declares that the northwest angle of Nova Scotia, 
mentioned in the treaty of 17S3, is not a point which was then laiown 
and ascertained : that it is not an ansle which is created by the intersec- 
tion of any lines of boundary at that time acknowledged as existing, but that 
it is an angle still to be found, and to be created by the intersection of 
new lines, which are hereafter to be drawn in pursuance of the stipula- 
tions of the treaty ; and further, that the nature of the country eastward 
of the said angle alibrds no argument for laying that angle down in one 
place rather than in another. 

4th. He states that no just argimient can be deduced for the settlement 
of this question from the exercise of the rights of sovereignty over the 
fief of jMadawaska and over the Madawaska settlement. 

5th. lie declares that the highlands contemplated in the treaty should 
divide immediately, and not mediately, rivers flowing into the St. Law- 
rence and rivers llowing into the Atlantic ; and that the word "divide" 
requires contiguity of the things to be divided. 

b'th. He declares that rivers falling into the bay of Chaleur and the 
bay of Fundy cannot be considered, according to the meaning of the 
treaty, as rivers flowing into the Atlantic ; and, specifically, that the 
rivers St. John and Ristigouche cannot be looked upon as answering to 
the latter description. 

7th. He declares that neither the line of boundary claimed by Great 
Britain, nor that claimed by the United States, can be adjudged as the 
true liiKN uifliout departing from the principles of equity and justice as 
between the two parties. 

Now, whether the two parties adopt the mode of settlement recom- 
mended by the arbiter, and agree to divide between them, in some pro- 
portion or other, the disputed territory ; or whetlier they shall still make 
another attempt to trace a boimdary, in strict conformity with the words 
of the treaty; in either case it appears to his Majesty's Government that 
it would be necessary to adopt these seven decisions of the arbiter as a 
ground-work for further proceedings ; and it seems that no satisfactory or 
useful result coidd be obtained from the local survey proposed by the 
Anu-rican Government, until the two ])arties are agreed upon these seven 
points. 

Jiiit, wiili respect to the ])ro]iositi()n made by the Amevican Govern- 
ment, the first question which ])rcsents itself is, whether there is any rea- 
sonable jirobability that a fresh local survey, to be made in the manner 
suggested, would aflbrd a solution of the remaining problem. 

The treaty rccpiires tliat highlands should be found dividinir rivers 
wliich fall into the St. Lawrence from rivers which fall into the Atlantic 
ocean ; and that those highlands should be found in a direction due north 
from a spot which has already been determined ; namely, the source of 
tiie St. Ooix. 

Now, every thing which is known of the geography of the country 



[ Senate Dor. No. 4l4. J 217 



tends to show that no such highlands can he found in tliat particular me- 
ridian ; and the American Government, almost admilting that fact, sug- 
gests that the required highlands should he sought for in a northwesterly 
direction from the ascertained spot. No doubt can exist that, by going 
f;u' enough to the westward, such liighlands as those required by the Ireaty 
could be found ; because it is well known that the high ground in the 
neighborhood of the source of the St. John's divides the Kennebec, which 
falls into the Atlantic, from the Chaudiere, which falls into the river St. 
Lawrence. 

But the difficulty which is said to prevent the Government' of the 
United States from acquiescing in the recommendation of the King of the 
Netherlands, is, that the Federal Government has no authority to agree to 
any other line of boundary than that which is described by the treaty which 
constituted the United States ; at least not to any other line which might 
imply a cession of any part of the territory to which the treaty, as hitherto 
interpreted by the United States, may appear to entitle one of the com- 
ponent States of the Union. 

But if tliis objection is insurmountable, as against the line recommend- 
ed by the King of the Netherlands, would it not be equally fatal to that 
suggested by Mr. Livingston ? Because, if the boundary were formed by a 
line drawn from the head of the St. Croix to highlands found to the west- 
ward of the meridian of that spot, that boundary would not be the bounda- 
ry of the treaty ; seeing that the treaty requires the i)ounddry to be run 
along the meridian of the head of the St. Croix ; and that the State of 
Maine might object to any deviation from the line of die treaty in a west- 
erly direction, as justly as it could to any deviation from that line in a 
southerly direction. Nay, it might object with more appearance of rea- 
son to a westerly departure from a real meridian which is distinctly 
specified in the treaty, than to a departure southward from an imaginary 
line which is only described in the treaty, and the finding of which is a 
thing that has not yet been accomplished. 

The present state of the case, therefore, seems to be this: that to carry 
the treaty strictly and literally into execution, is physically and geographi- 
cally impossible ; and that there exist constitutional difficulties in Ameri- 
ca, which have not yet been surmounted, which prevent the Government 
of the United States from agreeing to a compromise. 

Upon a full view of this matter, then, his Majesty's Government think 
that, in the first place, and previously to any further negotiation, they 
are entitled to claim from the Government of the United States an ac- 
quiescence in the decisions pronomiced by the arbiter upon all those 
points which he has decided ; and in the next place, that, as a preliminary 
to any attempt (in which his Majesty's Government would gladly con- 
cur) to settle the remaining point by negotiation, they ought to be satisfied 
that the Government with which they will have to treat is possessed of 
the powers necessary for carrying into efl'ect any arrangement upon 
which the two parties might agree. 

The undersigned has the honor to rencAV to Mr. McLane the assurance 
of his most distincruished consideration. 

CHAS. R. VAUGHAN. 

Hon. Louis INIcLane, ^'C. 



2 IS [ Senate Doc. No. 414. | 

Mr. McLane to Sir Charles li. Vaiighan. 

Department of State, 

Washington, March 11, IS 34. 

The undersigned, Secretary of State of the United States, has the honor 
to acknowledge the receipt of the note of Sir Charles R. Vaughan, envoy 
extraordinary and minister ])lenii)otentiary of his Britannic Majesty, of 
the 10th ullinio, connnunicating the views entertained by his Majesty's 
Government of the proposition submitted by direction of the President, in 
a letter- from Mr. Livingston of the 30th of April last, for the settlement 
of the question respecting the Northeast boundary. 

The undersigned has submitted Sir Charles R. Vanghan's note to the 
President, and lias received his directions to make the present reply. 

The President ])crceives with pleasure a spirit on the part of his 
Majesty's Government corresponding v/ith that with which he is actua- 
ted, in his endeavors finally to settle a subject so important to the amica- 
ble relations between the two countries ; and, although he cannot concur 
in all the views which Sir Charles R. Vaughan has been commanded to 
present, he entertains the hope that the spirit in which they have been 
j)resented may yet recommend the acceptance of the proposition author- 
ized by the President, in relation to what is understood to be the chief 
dilHculty in ascertaining the true boundary according to the treaty of 17S3. 

In his note of the 10th instant, Sir Charles R. Vaughan in substance 
remarks, that, by the convention of the 29tli September, 1S27, the two 
Governments bound themselves to submit to an arbiter certain points of 
difference which had arisen in the settlement of the boundary between 
the British and American dominions; that the arbiter Avas thus called on 
to determine certain questions, and that if he has determined the greater 
part of the points submitted to him, his decision on those points ought 
not to be disregarded merely because he declares that one remaining 
point cannot be decided in any manner in conformity with the words of 
the treaty of 1783, and therefore recommends to the two parties a com- 
promise on tliat particular point. Sir Charles R. Vaughan also remarks 
that the main pohits referred to the arbiter Avere the three following: 

1. Which is the spot designated in tjie treaties as the northwest angle 
of Nova Scotia ; and which are the highlands dividing the rivers that 
empty themselves into the river St. I^awrence from those fallinic into the 
Atlantic ocean, along which highlands is to be drawn the line of bound- 
ary to the northwest head of the Connecticut river ? 

2. Which is the northwest head of the Connecticut river? 

3. \Vhich is tlui boundary to be traced from the river Connecticut, 
along the ])arallel of the tbrty-filth degree of north latitude, to the riA'er 
Iroquois, or Cataracpiy, (St. J^awrence,) as intended by the treaty of 17S3 ? 

Sir Charles R, Vaughan likewise supposes that, upon the second and 
third of these jjoints, the arbiter has given a decision to which no objec- 
tion can be urged. Sir Charles R. Vaughan also proceeds to state that, 
although the arbiter has declared that it is im])ossible to find a spot or to 
trace a line which shall fulfil all the conditions required by the words of 
tlic treaty, for the northwest angle of Nova Scoiia, and for the highlands 
along which the boundary is to be drawn; yet that, in the course of his 
reasoning upon this point, h<^ has d<ci(l(>d several (|uestions. Iieing seven 
in number, connected with it, upon which tlic two parties had entertained 
ditferent oninions. 



[ Senate Doc. No. 4l4. J 2i9 

Sir Charles R. Vaughaii furtlicr states tluit it is the opinion of liis 
Majesty's Government that the decisions of the arbiter upon the second 
and third main points referred, and also upon the subordinate questions 
as to which he expresses an opinion hi his reasoning upon the first main 
point, ought to be aecpiiesced in by the two Governments ; and that, in 
any future attem))t to trace a boundary in strict conformity with the words 
of the treaty of 1783, it would be necessary to adopt the opinion express- 
ed on these seven ijuestions, as a ground-work for further proceedings. 

Without here attemping a more particular reference to other remarks 
of Sir Charles R. Vaughan, the undersigned will proceed with his ob- 
servations in reply ; not doubting that, in these, a satisfactory answer to 
the entire scope of Sir Charles R. VaugJian's note will be ])erceived. 

The undersigned is constrained to express his regret that it should still 
be considered hy his INIajesty's Government that any part of the opinion 
of the arbiter is obligatory upon either party ; but he does not deem it 
necessary or useful, at present, to enter at large into the discussion of 
that point. From the nature of the opinions expressed by the arbiter, 
his recommendations could not have been carried into effect by the 
President without the concurrence of the Senate ; and that body, con- 
siderhig those opinions not only as not determining the great and sub- 
stantial object of the reference, but as in fact deciding that object to be 
impracticable, and therefore recommending to the two parties a boundary 
not even contemplated either by the treaty or by the reference, nor within 
the power of the General Government to take, declined advising the 
President to execute the measures recommended by the arbiter ; but, on 
the contrary, did advise him to open a new negotiation with his Britan- 
nic Majesty's Government for the ascertainment of the boundary betAveen 
the possessions of the United States and those of the King of Great Britain, 
on the Northeastern frontier of the United States, according to the treaty 
of 1783. 

The proposition submitted by Mr. Livingston, in his letter of the 30th 
April, proceeds upon this basis, in the hope that, if embraced, it will re- 
move the principal difliculty which prevented the arbiter from attaining 
the object of the reference. 

The undersigned is constrained to observe, however, that he cannot 
admit that even a decision, much less the expression of an opinion, by 
the arbiter, upon some of the disputed points, but of a character not to 
settle the real controversy, is binding upon either party in any future 
attempt to adjust that which the arbiter failed to settle. 

Now, the main object of the stipulation in the fifth article of the treaty 
of Ghent, of the commission raised under that article, and of the refer- 
ence to the King of the Netherlands, was the ascertahiment of the North- 
eastern boundary, along its entire line, according to the treaty of 1783, 
and which had remained unascertained since that period. It is true that, 
in the ascertainment of this boundary, many points, as is most generally 
the case in disputed questions of location, were involved ; and that each of 
those may be admitted to be necessary to the discovery of the true bound- 
ary throughout the whole line; but when tlie arbiter felt himself unable 
to decide more than one, or at most two, of these points, he was in fact 
little nearer the accomplishment of the great and real object of the refer- 
ence, or of the objects of the treaty of 1783, and that of Ghent, than if he had 
left each point undetermined. The most material point hi the line of the true 



220 [ Senate Doc. No. 414. j 

boundary, both as it respects the difficulty of the subject and the extent 
of the territory and dominions of the respective Governments, lie confessed- 
ly not only failed to decide, but acknowledged his inability to decide; there- 
by imposing: upon both Governments, and especially that of the United 
States, owing to the peculiar structure of its institutions, the unavoidable 
necessity of resorting to further negotiation and other means to ascertain 
the real boundary of the treaty of 17S3 ; and, as a necessary consequence, 
each party was absolved from any obligation to adopt his recommenda- 
tions. 

Not only has the arbiter not decided all the points necessary to be 
ascertauied for the purpose of establishing the true boundary of the treaty 
of 17S3, but the vital and most material point — that, Avithout which no 
step can be taken in fixing the boundary and running the line stipulated 
by the treaty of 1783 — he lias undeniably left vmdecided : whereby the 
great objects, both of the treaties and of the convention of reference, have 
been defeated. 

Nor can the nndersigned admit that, of the three main points of differ- 
ence referred to the arbiter as necessary to ascertain the boundary of the 
treaty of 17S3, he has decided two, as is supposed by his Majesty's Gov- 
ernment. On the first point, it is not contended that the arbiter made a 
decision, or that he Ibund either the angle or the highlands called for by 
the treaty of 1783 ; but it is, on the contrary, clear that, so far from deciding 
that point, or finding those places, he merely expressed an opinion of 
what would be suitable for the parties to adopt, in lieu of the line of the 
treat V ; and it appears to the undersigned equally clear, that, in relation to 
tho tiiird point, liis opinion is expressed in no more positive language, and 
with no nearer an approach to a decision. On this point he expresses an 
oi)inion merely, that it will be suitable to proceed to fresh operations to 
measure the observed latitude, but in such manner that the fort at Rouse's 
point shall be included in the territory of the United States. 

The undersigned is aware, however, if the proposition made by Mr. 
Livingston should be accorded to by his Majesty's Government, and 
the commission hereafter to be appointed should result, as the undersigned 
believes it will, in ascertaining the true situation of the boundary called 
for by the treaty of 17S3, that it would be afterwards necessary, in order 
to ascertain the true line of boundary, to settle the other two points, ac- 
cording to which it is to be traced. And as the proposition contained in 
Mr. Livingston's letter does not apply to either of these points, the Presi- 
dent is sensible that some understanding upon them will be proper to the 
attninmniit of the great object he is framing. 

The l^resident has, therefore, directed the undersigned to say that, if the 
proposition he has raused to b<^ made be accorded to by his Majesty's 
Govcrmntoit, notwithstanding that he does not admit the obligatory effect 
of the decision, or rather the opinion, of the arbiter on the point, he is 
willing to take tlu^ stream situated farthest to tjie northwest among those 
which fall into the northernmost of the three lakes, the last of which bears 
the name of ComiPftimt lake, as the northwesternmost head of the Con- 
necticut river, arcordiu!? to the treaty of 17S3, 

As it rcsitcfts tin- third point reft-rred to the arbiter, but u]ion which he 
failed to deride. Sir Charles R. Vaiighan is doubtless aware that, as early 
as the year 1771 and 177^% the line of boundary involved in it was sur- 
veyed and marked along the 45th parallel of north latitude, from the cast 



[ Senate Doc. No. 414. ] 221 

side of lake Champlaiii to the river Connecticut, by Thomas Valentine, 
deputy surveyor on the part of tlie Province of !^o\v York, and by John 
ColHns, deputy surveyor of the Province of Quebec ; that, since tliat period, 
grants of land have been made by the respective Governments on botii 
sides up to this line; that settlements have been formed, that towns have 
risen up, and that jurisdiction has been exercised by tlie two Governments 
up to this line, on either side. These facts are certainly cogent proofs that 
this line is the true boundary according to the treaty of 17Sj ; and it ap- 
pears to the President that, regarding the preservation of the }>opulation on 
botli sides, their habits, and settlements, this third point might be disposed 
of with mutual satisfaction to both nations, and in strict conformity with 
the treaty of 1783, by adopting the line as surveyed and marked by 
Thomas V^alentine and John CoKins, in 1771 and 1772; and he will ac- 
cordingly agree, if his proposition as to the first point be embraced, to 
adopt this line. 

An acquiescence by the United States in the opinions which it is sup- 
posed by his Majesty's Government have been pronounced by the arbiter 
in the course of his reasoning upon the first point submitted to liim, is liable 
not only to the objections already stated, but to others, which the under- 
signed is constrained, by the spirit of frankness in which the proposition 
directed by the President has been presented, to inform Sir Charles R. 
Vaughan are insuperable. 

It is in the first place to bs observed, that the matters to Avhich the arbi- 
ter's opinions, mentioned by Sir Charles R. Vaughan, relate, although 
subjects on which the two parties may have entertained dilferent views, 
were subordinate, merely, to the point in dispute submitted to the arbiter; 
and were used by the parties in illustration of their pretensions, and as 
affording grounds to sustain their respective positions on the real point in 
dispute. The views expressed by the arbiter on these matters cannot be 
regarded as decisions within tlie meaning of the reference, but rather as 
postulates or premises by which, in the course of his reasoning, he arrived 
at the opinion expressed in regard to the point submitted for his decision: 
and it therefore follows, that the acquiescence on the part of the United 
States, as required by Great Britain, would be to reject as erroneous the 
conclusion of the arbiter, and at the same time adopt the premises and 
reasoning by which he reached it. 

It must also be remarked, that these seven postulates or premises se- 
lected by his Majesty's Government as necessary to be considered by the 
United States, are but part of those on which the arbiter, in the course of 
his reasoning, was equally explicit in the expression of his views, and that 
on others, his reasoning may be considered as being more favorable to the 
pretensions of the United States ; and no reason is perceived, therefore, 
why an acquiescence in the opinions of the arbiter upon these, should not 
equally apply to all the premises by him assumed, and be binding upon 
both Governments. 

The undersigned is persuaded, however, that there is no obligation 
upon either party to acquiesce in the opinion of the arbiter on any of the 
matters involved in his premises, and that to do so would defeat the end 
of the present negotiation. 

It appears to be conceded that, upon this first and most material point, 
the arbiter has not made his decision in such manner as to be binding 
upon either of the parties ; and if, in consequence of this fact, no cbliga- 



2 22 [ Senate Doc. No. 414. ] 

tion can arise to acquiesce in his opinion upon the main point he was 
called upon to decide, certainly there can be no greater obligation to 
yield, not to his decisions, but to his opinions, upon matters subordinate 

merclv. 

Tlie stipulations in tlie treaty of Ghent require the ascertainment and 
dctenninaiion of those parts of the boundary designated in the treaty of 
peace ol 17S3, therein mentioned ; and the three points of diflerence be- 
tween the commissioners appointed according to the former treaty, were 
referred to the decision of the arbiter : of these, the most material point is 
that of the highlands, to which the proposition directed by the President 
applies, and which are designated in the treaty of peace as the northwest 
angle of Nova Scotia, formed by a line drawn due north from the source 
of the St. Croix river to the highlands dividing the rivers that empty 
themselves into the river St. Lawrence from those which fall into the At- 
lantic ocean. 

Now, should it he even admitted that, in rcUuion to some of the matters 
subordinate to tliis material point submitted to him, the arbiter may have 
expressed his opinions, yet it is obvious that the result of his reasonhig 
and of those opinions upon his premises taken together, instead of leading 
to the determination he was called upon to make, necessarily conducted 
him to the conclusion that neither of the boundaries claimed by the re- 
spective parties is the true line, and that he himself could not ascertain 
and determine which the true line, according to the treaty, is. His prem- 
ises and reasoning, therefore, ended in satisfying the judgment of the 
arbiter that it was^impossible for him to decide the great point submitted 
to him ; but, instead of reviewing his course of reasoning, (which, for the 
cause already stated, there was good ground to distrust, and, in the opinion 
of the undersigned, wholly to reject, inasmuch as to admit its accuracy 
would be subversive of tlie objects and stipulations both of the treaty of 
1783 and of that of Ghent ;) and, instead of proceeding by other means to 
ascertain and determine tlic true line, he recommended a new line, con- 
fessedly different from that called for by the treaty of 17S3, answering 
in no particular the words of that treaty, and which could only be estab- 
lished by a convention between the two Governments. 

But this recommendation the Government of the United States could 
not adopt, nor, without the consent of the State of Maine, agree upon a 
new and conventional line dilTerent from that required by the treaty of 
peace. The resolution of the Senate, pursuant to which the present ne- 
gotiation has ha[)pily been renewed, proposes to ascertain the boimdary 
according to the treaty of 1783 ; and, for this purpose, by whatever means 
it may be ascertained, the authority of the Government of the United 
States is complete, without the co-operation of the State of Maine. 

Now, It nuist be admitted that the arbiter precluded liimself from attain- 
in'^ this o\)\vci by liis reasoning on the suluirdinate matters already men- 
liolicd, aiui by filling alterwards to adoj)! other means, not only allowable 
but usual in su<h cases. 

In all questions of boundaries of tracts and countries designated by nat- 
ural objects, the plain and universal rule of surveying is, first, to find the 
natural object, and then to reach it by the nearest direct course from any 
given {)oint, and with the least possible departure from the particular 
course call<Mt for in the original deed or treaty. The obstacles by which 
the coinmissioners, in the first instance, and the arbiter, afterwards, were 
prevented from ascerUiining the boundary ujjou the first point of differ- 



[ Senate Doc. No. 414. | 223 

ence, was the supposed impossibility of finding such highlands, answer- 
ing the description of the treaty of 1783, as conld be reached by a line 
drawn due north from the monument ; Avhcreas, had cither first found the 
highlands called for by the treaty, and afterwards, in conformity with the 
rule already adverted to, traced the line from the monument to such higii- 
lands, in the manner above indicated, it is beheved the true line of the 
treaty could have been ascertained. Here, then, is one plain and usual 
means l)y which this difficult question may be settled, but which has not 
yet been resorted to in the previous eftbrts of the parties to adjust it. 

This means the proposition submitted by the President proposes to em- 
ploy, and in the manner particularly referred to in the letters wliich have 
been heretofore addressed by the Secretary of State to Sir Charles R. 
Vaughan. 

Now, the proposition of tlie President is, to find the highlands answer- 
ing the description of those called for by the treaty of 17S3, and to them 
from the monument to run a direct line ; and the President does not doubt 
that, with the aid of more accurate surveys, by skilful persons, on the 
ground, and freed from the restraint liitherto imposed by a due north line, 
such highlands may be found ; and which either the commissioners or the 
arbiter might have found had they adopted the rule now proposed. 

But the British Government asks the United States, as a preliminary 
concession, to acquiesce in the opinion of the arbiter upon certain subor- 
dinate facts, being seven in number, by which, obviously, he was pre- 
vented from finding that which it is tlie object of the President now to 
discover. 

The undersigned is persuaded that Sir Charles R. Vaughan will admit 
that the concession of these opinions would, in effect, defeat the sole ob- 
ject, not only of the proposition, but of the negotiation at present renewed ; 
i. e. the ascertainment and determination of the boundary according to 
the treaty of 1783. 

By the opinion of the arbiter in relation to these subordinate matters, 
he reached the conclusion that the discovery of the line of 17S3 was im- 
practicable, and that the question could only be settled by a conventional 
line ; and, therefore, the acquiescence of the United States in the same 
opinions, would, in limine, confine the negotiation to a conventional line, 
to which, in the present state of the controversy, they have no authority 
to agree. 

To insist upon such concession would not merely defeat the object of 
the negotiation, but would be an unnecessary departure from the terms 
I and stipulations of previous treaties. 

The clear object of the treaty of Ghent is to ascertain the boundary 
designated by the treat}'- of 1783 ; and that object it should be the mutual 

J desire of the two Governments to accomplish, by all the means at their 
command. Although the efforts already made for that purpose have 
proved unsuccessful, neither party should be deterred (seeing how deeply 
the subject affects their amicable relations) from resorting to others more 
promising in their nature, but which, on previous occasions, have been 
overlooked. 

' If, after a resort to the plain and universal rule now recommended, it 
should be found impracticable to trace the boundary according; to the 
"treaty of 1783, it would be time enough, and might tlicn be desirable, to 
enter upon a negotiation for terminating the difficulty by the adoption of 
a conventional line satisfactory to both parties. 



224 [ Senate Doc. No. 41 J. ] 

This mode, however, could only be adopted with the special assent of 
the State ot Maine ; and it is believed that the probability of such assent, 
ill the present state of the negotiation — while, on the part of the authori- 
ties of that State, no doubt is entertained of the practicability of ascertain- 
ing the true line, and while so mucli confidLiice is felt in the means now 
proposed — is too remote to justify any attempt to procure it. 

It would also be impossible to reconcile the people of that State to the 
result of any negotiation in which should be at once conceded those points 
respecting which, in the course of his reasoning, it is supposed the arbiter 
committed the most serious error, and by which he was prevented from 
coming to a decision by which both parties would have been bound. 

The proposition directed by the President, therefore, is, to submit the 
whole subject, so far as it relates to this fa-st point of difference, to the com- 
mission mentioned in the letter of Mr. Livingston of 30th April, and clothed 
with the same powers as belonged to the commissioners under the treaty 
of Ghent and to the arbiter ; in order that, instructed by the introduction of 
the rule now explained, and not adopted by their predecessors, they may 
have greater means for a satisfactory discharge of their duties. 

For a successful termination of the labors of the commission to be in- 
stituted under this proposition, an unlimited discretion over all the points 
necessary to a proper decision of the subject connnitted to it is indispen- 
sably necessary; and it must be obvious that, if the new commissioners 
should be restricted to the reasoning of the arbiter, either in its premises 
or conclusions, the only object of their appointment would necessarily be 
defeated. 

The undersigned believes that, in the foregoing observations, it will be 
found that a sufficient answer has already been given to the suggestion of 
Su: Charles R. Vaughan, that the objeclion to the power of tiie Govern- 
ment of the United States to adopt the line recommended by the King of 
the Netherlands, will be equally fatal to that suggested by Mr. Livingston. 
It may not be improper, however, further to observe, that the objection 
arises from the want of authority in the General Government to adopt a 
line confessedly dilferent from that called for by the treaty of 1783 ; but 
their authority to ascertain that line being unquestionable, their power to 
employ all the legal and usual means for its ascertahmient is equally clear. 
It is with this view that the proposition presented by the President pro- 
poses to conform the course to the natural object, whereby the true line of 
the treaty would be legitimately ascertained. 

On the whole, tlie undersigned persuades himself that his Majesty's 
Government will be dis])oscd to co-o])erate with the President in another 
effort for the adjustment of this important subject, and not be deterred 
from em])raciug the means now proposed, from an ajiprehension of diffi- 
culties which, it is confidently believed, are not likely to occur. 

The undersigned avails himself of the occasion to renew to Sir Charles 
R. Vaughau tjje assurance of his distinguished consideration. 

LOUIS McLANE. 



Sir Charles li. Vaughan to Mr. McLanc. 

Washington, March IG, 183^. 
Tlie mider.signed lias the honor to inlbrm Mr. McLane (hat he ha . 
transmitted to his Majesty's Goveniracnt a copy of the note received from 



[ Senate Doc. No. 414. ] 225 

him, dated the lltli instant, in answer to tlic ])n)posal made by the British 
Government to tlie Government of the United States, that both parties 
should agree to acquiesce in certain points decided by Ihe arbiter, which 
might facihtate the settlement of the Norllieastern boundary of the United 
States. 

Tiie undersigned begs permission to call the attention of the Secretary 
of State of the United States to some observations which he wishes to make 
upon the objections which are said to be insn])erab!e, on the part of .the 
United States, to an acquiescence in the points wiiich lie has hud the honor, 
according to his instructions, to submit to the American Government. 

The adoption of the views of the British Government by the Govern- 
ment of the United States, was meant to be the groundwork of future pro- 
ceedings; whether those proceedings were to be directed to another attempt 
to trace the boundary by a fresh survey of the country, as proposed by the 
United States, or to a division of the territory de])ending upon a conven- 
tional line. 

The undersigned finds that, in the note of Mr. McLane, there is a posi- 
tive objection, on the part of the United States, to consider any point of 
the controversy, as decided by the arbiter, to be binding upon the Amer- 
ican Government ; that to agree in the seven points enumerated by the 
British Government, would be to acquiesce in the premises by which the 
arbiter has arrived at a conclusion already rejected by the Senate. 

The arbitration of the King of the Netherlands was invited and accepted 
in the following general terms: "That his Majesty would be pleased to 
take upon himself the arbitration of the differences between the two coun- 
tries." The opinion of the arbiter was asked in the statements of the re- 
spective parties, not upon a question involving the whole continuous line 
of boundary, but upon three separate and distinct points, which were spe- 
cified. The first of these main points could not be entirely decided by the 
arbiter; but he decided seven subordinate points growing out of it, in 
which the United States have been asked to acquiesce, as preliminary ta 
any further proceedings. ' 

The undersigned has already had the honor to state, in a former note, 
that the British Government does not conceive that the decision of the 
arbiter is invalidated, and ought to be set aside entirely, because it has 
failed to decide one of the three distinct points submitted to him. 

Mr. McLane does not admit that the arbiter has deci(]ed, as the Brit- 
ish Government asserts, two out of the three main points submitted for 
his decision. In the opinion of the undersigned, he has clearly decided 
what ought to be considered as the northwesternmost head of the Con- 
necticut river ; but, according to Mr. McLane 's note, the Government of 
the United States will only admit it conditionally. 

With regard to the third separate and distinct point submitted by the 
respective parties, the tracing the boundary line along the 45th degree of 
latitude, in the American statement, '• the question referred is, whether, 
under the treaties of 1783 and of Ghent, the old line may be continued 
to be considered as the boundary of the United States, or whether this 
shall be surveyed anew, in conformity with the late observations of lati- 
tude." 

The arbiter decided strictly according to the terms in which the ques- 
tion was put to him in the American statement : tliat it would be right to 
proceed to fresh operations to measure the observed latitude. 
16 



216 [ Senate Doc. No. 114. ] 

This dt'cisiou was acconiiJuiiied with n recommendation that Rouse's 
point, to which the United States had ahandoned all claim, should he re- 
stored to them. The undersigned has had the honor to declare the wil- 
lingness oltlie British Government to grant that cession, as a part of the 
j)reliniiMary points to be agreed upon. l)y hotli parties belbrc they proceed 
to luitlier negotiation. 

Without any consideration ol'the cession oi'this point by his Majesty's 
Government, Mr. McLanc proposes to dispose of this tiiird point, (the 
line of boundary on the 45th degree of latitude,) by both parties agree- 
in? to adopt the old line surveyed by Valentine and Collins previously to 
1774. It appears, on a reference to the statement delivered to the King 
of the Netherlands, that both parties suspected the survey of Valentine 
and Collins of great inaccuracy ; and the only motive for retahiing it can 
be, that some American citizens may have made settlements upon some 
nine miles of territory which a new survey might throw into the posses- 
sion of Great Britain. 

The undersigned cannot agree with Mr. McLane that the acquiescence 
of the United States in the seven subordinate points lately submitted by 
his Majesty's Government, would confine the negotiation " in limine^' to 
a conventional line, to which the President has no authority to agree ; 
and, notw^ithstanding the unlimited discretion which the' Secretary of State 
proposes to give to the conmiissioners to be appointed according to Mr. 
Livingston's proposal, not a step can they take unless the two Govern- 
ments agree upon two of the seven subordinate points which the under- 
signed has enumerated in a former note — the character of the land they 
are to discover as dividing waters according to the treaty of 17S3, and 
what are to be considered as Atlantic rivers. 

Wliatever may be the reluctance of the United States to consider the 
decision of the arbiter upon any separate point as binding upon either 
party, because he failed to discover the line of boundary so defectively 
described in the treaty, yet we cannot but agree that, in all points de- 
cided, we have (in the language of the report of the Senate) the impartial 
opinion of a disinterested judge selected by both parties to settle a ques- 
tion of great perplexity. 

In answer to the observation of Mr. McLane, that, on many points, the 
reasoning of the arbiter has been more favorable to the United States 
than to Great Britain, and that, therefore, acquiescence should equally 
apply to all the premises assumed ; the undersigned has only to require 
that they should be stated, as he is confident that, if acquiescence in them 
can facilitate, in any shape, the object which now occupies both Govern- 
ments, (the devising means of settling the boundary,) they will meet with 
the most favored consideration. 

From a review of the correspondence which the undersigned has had 
the honor to carry on with the Secretary of State, it results that there is a 
decided determination, on the j)art of the Government of the United States, 
not to abandon the task, Avhich seems to be lio])eless to the BritLsh Gov- 
ernment, of tracing the boundary according to the defective descri])tion of 
it in the treaty of^ 1783. 

By the 7th article of the convention of arbitration, it was agreed "tliat 
the decision of the nrhiter, when given, shall be taken as final and con- 
clusive; and it shall be carried, without reserve, into innnediate elfect, by 
commissioners apj)ointed for that jjurpose by the contracting parlies." 



[ Senate Doc. No. llJ. J 227 

Grfat Britain, in fullilmont of the oblii^Mtions contracted under that 
article of the convention, announced to the Unitiid States her wilHngncss 
to abide by the award of the arbiter. 

It is not for tiie undersigned to decide liow far thi- Ihitisli Government 
was entitled to insist uj)on tlie question oi' boundary having been finally 
settled by the decision of the King of the Netherlands. The Senate of the 
United States, accordnig to tlie statement of- the proceedings given in the 
8lh volume of Congressional Debates, decided, by a mojority of only one 
vote, (the numbers being 21 to 20,) to decline to ado])t the boundary recom- 
mended by the King of the Netherlands; and, by a similar majority, (the 
numbers being 2.3 to 22,) the Senate decided to advise the President to 
open a new negotiation with his Britannic Majesty. 

When the undersigned finds so important a measure defeated by a bare 
majority; when a majority of one only decided the Senate to advise the 
opening of a new negotiation; when that negotiation was restricted to 
one inadmissible basis, and accompanied with new pretensions, which the 
British Government could not consent to entertain in connexion with the 
boundary question; when the plan proposed by the United States for 
anotliL'r attempt to trace the boundary of the treaty is so complicated; and 
when the points proposed by the British Government are rejected, which 
were to render that plan more practicable, it is a subject of sincere regret 
that the award of the arbiter was set aside, which, by conferrir)g upon the 
United States three-fifths of the disputed territory, together with Rouse's 
point, made a much greater concession than is ever likely to be obtained 
by a prolonged negotiation. But it is alleged that an insuperable constitu- 
tional difficulty occasioned the rejection of the award; and, therefore. Great 
Britain is under the necessity of ascertaining, previously to any further 
proceedings, how far the General Government has the power to carry into 
effect any arrangement which may be the result of a renewed negotiation. 
The answer of Mr. McLane upon that point is confined to stating that, 
should a new commission of survey, freed from the restriction of following 
the due north line of the treaty, find, anywhere westward of that line, 
highlands separating rivers, according to the treaty of 1783, a line drawn 
to them from the monument at the source of the St. Croix riv(!r will be 
such a fulfilment of the terms of that treaty as the President can agree to 
make it the boundary, without reference to the State of Maine. 

The undersigned trusts that Mr. McLane will receive the observations 
wliich he has thought it his duty to make upon his note of 11th March, 
in the same spirit of c'onciliation which has marked hitherto the corre- 
spondence between the two Governments on the question of boundary. 

The undersigned has the honor to renew to Mr. McLane the assurance 
of his most distinguished consideration. 

CHAS. R. VAUGHAN. 

Hon. Louis McLane, ^-c. 



Mr. McLane to Sir Charles R. Vavghan. 
Department of State, 

Washington, March 21, 1834. 
The undersigned, Secretary of State of the United States, has the 
honor to acknowledge the receipt of the note of Sir Charles R. Vaughan, 



22S [ Senate Doc. No. 414 ] 

envoy exlraordinary and minister plenipotL'utiary of his liritannic Ma- 
jesty,' ol" the Itith instant, in answer to that of the undersigned of the 11th 
instant, relative to the j)ropo<ition suhmitted hy direction of tlie President 
for the adjustment of the Northcasiern boundary ; and the undersigned 
has also lo exju'ess his regret that the subject has not presented itself to 
Sir Charl 's in the hght in whicli he had entertained the liope it would be 
viewed. 

As Sir Charles R. Vaughan has transmitted for the consideration of his 
Government the note of the undersigned, no necessity is perceived for any 
otlier observations at present upon the remarks of Sir Charles, than such 
as may bo proper to correct some misapprehensions into which Sir Charles 
appears to have fallen, as well in regard to the proceedings in the Senate 
of the United States, as to the character of the proposition submitted by 
the President ; which apprehensions, should they also be entertained by 
his Majesty's Government, might have an injurious inlluence on its de- 
liberations upon a subject so important to the amicable relations between 
the two Governments. 

The undersigned is the more encouraged to make this reply, by the 
persuasion that, from the spirit in wliich Sir Ciiarles R. Vaughan has 
made his observations, he will be ready promptly to correct any error into 
which, by not snlticiently adverting to the peculiar structm-e of tl.'e insti- 
tutions of tlie United States, he may unintentionally have been led. 

Although Sir Charles R. Vaughan is correct hi his statement, numeri- 
cally, of the votes in the Senate, in the two histances which he has speci- 
fied, he has not adverted to otiicr instances in the course of the same pro- 
ceedin2:s, of a far more important and pertinent bearing ; and of tiiose 
which he has specified, he has entirely misconceived their bearing and 
constitutional etiect : hence, lie is especially inistakim in inferring, and, 
indeed, stating, "•that so important a measure was defeated by a bare ma- 
jority, when a majority of one only decided the Senate to advise the 
opening of a new negotiation." This inference of Sir Charles arises from 
his statement, "that the Senate of the United States decided by a majori- 
ty of only one vole, (the numbers being 21 to 20,) to decline to adopt the 
boundary recommended by the King of the Netherlands; and by a simi- 
lar inajcjrity, (the numbers being 23 to 22,) the Senate decided to advise the 
President to open a new negotiation wUh his Britannic Majesty.'" 

Now, the misapprehension into which Sir Charles has fallen is two- 
fold: 1st, in not properly considering the constitutional action of the Sen- 
ate over such subjects, and in supposing that in any vote of that body 
any mimbcr of its members, wilhin not one or two, but even twenty-three 
of "a majority, were in favor of ado]»ting the award; and, 2d, in consider- 
ing the; vote of the Senate upon a question wholly distinct and separate in 
all respects, as indicative of the opinion of the Senate in regard to the 
effect of the award. 

The undersi^Mied has already informed Sir Charles R. Vaughan '-that, 
from the nature of the oj)iiiions expressed by the arbiter, his recommend- 
ations could not have been carried into efl'ect by the President, without 
the consent of the Senate ;" an<l it is projjer now to observe, that such 
consent ran only be constitutionally given, "j»rovid<xl two-thirds of the 
Senators present concur." Now, in the first iiistancc winch Sir Charles 
has sj)ecifi(ul, the number of Senators present was 41, of which iium1)cr 
two-thirrls could not be less tiian 2t?; and, therefore, if Sir Charles were 



[ Senate Doc. No. ill. ] 229 

correct in supposing the vote in this instance as applying to the validity 
of the award, and the twenty Senaldrs voting in the negative npon that 
occasion to he favorable to its adoption, still the nnmher wonid lie short, 
not one only, Init eight, of the constitutional luiniher of two-thirds. 

It is obvious, however, from the proce(!(lings to wiiich Sir Charles has 
referred, that the vote in this instance had no direct ap[)lication to the 
validity of the award, and allbrds no proper indication of the opinion of 
the minority of twenty upon that point. The President could not exe- 
cute ihe award without the consent of the Senate, two-thirds of the 
members present concurring ; but this consent must be positively declared, 
and a failure or omission so to declare it is tantamount to a rejection. A 
proposition invitmg or requiring such assent is also of an adirmative 
character, and the sense or action of the Senate in regard to it ought 
regularly to be atlirmatively manifested. Now, the committee to whom 
the President's message was referred, and to whose report Sir Charles 
has alluded, expressed the opinion that, in this case, the United States 
are not bound by the award, as such, though on grounds of exjiediency 
a majority of the committee was favorable to its adoption ; and, therefore, 
they recommend a positive and affirmative resolution, thist the Senate ad- 
vise tlie President to express to his Majesty the King of the Netherlands 
the assent of the United States to the determination made by him, and 
consent to the execution of the same. This resolution presented the 
usual and only proper mode of ascertaining, constitutionally, whether the 
Senate would consent to the execution of the award; and, upon a motion 
to strike out tliat part of the resolution expressive of the consent of the 
Senate, the vote sto(jd 35 to 8 — eight only concurring in consenting to 
the execution of the award. Of these eight, it is certain that three were 
of the same majority of the committee whose report has been adverted 
to, who pronounced the award not binding upon the United States; and 
whether the remaining: five supported the resolution from a belief that the 
award was binding, or concurred with the majority of the committee in 
their views of expediency merely, it is impossible to say, and it is not 
material to inquire. It ma^^, therefore, be safely affirmed, that in this 
vote is to be found the fact that, of the forty-three members of the Sen- 
ate present, eight only would consent to the execution of the award by 
the President ; and from the further proceedings of the Senate alluded 
to by Sir Charles, nothing more is to be inferred than advice upon the 
part of certain members to assign the ground for their refusal to concur, 
and which might not have operated with others. These positions derive 
conclusive confirmation from the vote of the Senate in a subsequent part 
of their proceedings, upon tlie amendment offered by a Senator from 
Kentucky to a resolution submitted by a Senator from Maine ; the latter 
resolving that the Senate do not advise a submission to the opinion of the 
arbiter; and the amendment proposing to insert, in lieu thereof, an affirm- 
ative resolution, "that, in the opinion of the Senate, good faith and soimd 
policy require the execution of the award." Of the forty-two members 
of the S:nate then present, eight only supported the amendm^'nt, and thir- 
(y-four opposed it; whereby the negative proposition of the Senator from 
Maine, in hself unusual, became more obviously unnecessary, and was 
for that reason, as it may be presumed, withdrawn. 

Now, does not Sir Charles perceive, from the result of all these proceed- 
ings, that the Senate not only failed, but, by two repeated votes of 35 



230 [ Senate Doc. No. ll4. ] 

and 34 to 8, rofusLd to consent to the execution of the award, and, by ne- 
cessary iniphcation, denied its binding erf'ect upon tlie United States ? 

The etiect, then, ot" this refusal of the Senate to consent to the execu- 
tion of the award, put it out of tlie power of the President to execute it; 
and the further effect, as stated in the letter of Mr. Livingston of the 
30lli April, 1833, was to leave the high parties to the submission precise- 
ly in the situation in which they were prior to the selection of the arbiter. 

In this posture of the affair, so far as it regards the award, no further 
action by the Senate could be expected or hoped for ; and, so far as re- 
gards the preliminary steps in any future negotiation for the adjustment 
of this important subject, was not required. The high duty was there- 
fore once more devolved upon the President of exerting his executive 
power under the constitution to select a new arbiter, or to devise other 
means, more practicable in their nature, and more likely to obtain the ob- 
jects of both the high ])arties. The first was deemed altogether useless, 
from the position assumed by the Government of his Britannic Majesty, 
as stated in Mr. Livingston's letter already alluded to ; and, therefore, it 
only remained for the President to resort to other means, less objectiona- 
ble, to obtam the objects of the treaty of Ghent, which required the 
ascertaiimient of the line of boundary of the treaty of 1783. It has been 
already observed that the authority of the President for this purpose ex- 
isted in virtue of his executive power under the constitution, and inde- 
pendently of the prelimmary action of the Senate; but neither the 
President nor the Senate, nor both united, had authority, without the as- 
sent of the State of Maine, to agree upon a new and conventional line. 

Now, it is clear that, in the second instance of the vote in the Senate 
to which Sir Charles R. Vaughan has referred, the advice given by that 
body had no relation whatever to the opinion of the arbiter ; but, on the 
contrary, as the Senate had previously refused to concur in consenting to 
the adoption of the award, suggested only that course which, in the opin- 
ion of the majority, it would be expedient for the President, under the 
circumstances, to pursue. And if it were proper (which, in the opinion 
of the undersigned, it is not) to enter into any speculation of the reasons 
by which the minority of twenty-two, on that occasion, were influenced in 
refusing to give any advice to the President, they might well be supposed 
to arise either from such advice being unnecessary, or, perhaps, a dispo- 
sition with some to insist upon the strict pretensions upon the part of the 
United States, without fin'tlier negotiation. But, however unnecessary 
such advici! might be, it nevcntheless manifested that, in the opinion of 
twenty-three members of the Senate — not only deserving, but, from the 
co-ordinate authority of that branch of the executive power in any ulti- 
mate arrangement of the subject, commanding, the highest respect — it was 
yet practicable to ascertain the line of boundary ticcording to the treaty 
of 1783, and that it was advisable that the President should enter upon a 
new nejiotiation for that object. Tliis resolution, tlvrefore, did not deteat 
"so imporlant a measin-c," to wit, the ad()j)tion of tiie line recommended 
by the arbiter, which, as has been shown, was defeated before ; though it 
may be admitted to iiave restricted, for the present at least, tlie general 
discretion of the President in iiis further efforts to arrange the ditiiculties 
to a negotiation to fix the boundary according 'to the line of 1783. And 
it camiot be too often re|)i'atc(l, or too forcibly impressed upon the mind 
of Sir Charles R. V^aui,'han,an(l upon the consideration of his Government, 



[ Senate Doc. No. 114. ] 231 

fihat any attempt to iJi-ocnrc tho assent of the State of Maine to a new 
conventional line, after the proceedings of the Senate, and while, in the 
opinion of so large a portion of that body, the ascertainment of the line 
•called for by the treaty of 17S3 was practicable, would have been utterly 
"hopeless. 

It is, however, a consideration of even greater importance, in tho 
present slate of the discussion, that, as to the practicability of yet ascer- 
taining the true line of the treaty of 17S3^, the opinion of the President 
concurred with that of a majority of the Senate. 

The President has been at no time less sensible of the difficulties 
attending the settlement of this subject, than of the vital importance of 
its settlement to the future amity between the two nations; and he has 
never been unwilling to give every evidence of his solicitude, to the full 
extent of his constitutional authority. He duly appreciates the observa- 
tion of the committee of the Senate alluded to by Sir Charles R. Vaughan, 
that it is a question of much perplexity and difficulty ; and he has, there- 
fore, always endeavored to bring his mind to the consideration of the sub- 
ject with that firmness and fortitude, no less than with the most friendly 
disposition, necessary to overcome the difficulties with which it is beset. 
He perceived, however, that, in all the previous eftbrts between the two 
Governments to ascertain the boundary according to tlie line of the treaty 
of 1783, and in the deliberations of the arbiter, a natural and uniform 
rule in the settlement of disputed questions of location had been alto- 
gether overlooked, and he perceived no reason to suppose that it had 
been present to the minds of the respectable conniiittee of the Senate in 
.making their report. He could not fail to perceive that, in every past 
effort to ascertain the boundary of the treaty, the chief, if not the only 
difficulty, arose from a supposed necessity of finding highlands correspond- 
ing with the description required by the treaty, to which a line due 
north from the monument might be drawn ; whereas it was plain that, if 
such highlands could be anywhere discovered, it would be a legal execu- 
tion of the treaty to draw a line to them from the monument, by the most 
direct route, without regard to the precise course given in the treaty. Not 
doubting that the adoption of this principle will remove the chief diificulty 
which has hitherto embarrassed the subject, it became his duty to urge its 
adoption upon the Government of his Britannic Majesty, as one, and per- 
haps the best, expedient wliich remains for ascertaining the line of 17S3 to 
the mutual satisfaction of the parlies. 

The undersigned is unable to perceive, in the plan proposed, any thing 
so complicated as Sir Charles appears to suppose. On the contrary, next 
to its conformity with the uniform legitimate principles of surveying in 
such cases, it is chiefly recommended to the approbation and confidence 
of the President by its entire simplicity. In fact, the plan requires chiefly 
the mere discovery of the highlands called for by the treaty of 17S3; 
which being ascertained, the mode of reaching them, upon the principle 
now suggested, is so simple, and is so clearly delineated m the diagram 
presented in the letter of Mr. Livingston of the 2Sth May, 1833, that no 
observations of the undersigned could make it plainer. It is presumed 
that it will not be contended that the difficulty of discovering such high- 
lands is insuperable. The arbiter himself, with the lights before him, is 
not understood to have found it impracticable, at least to his own satis- 
faction, to find highlands answering the description of the highlands of 



232 [ Senate Doc. No. Hi. ] 

the treaty •, but his enibanassinout arose I'loin not being able to find 
them in a direction due north ironi the monument ; and, certainly, it can- 
not be more dillicult lor commissioners on the spot, with the fullest means 
of personal observation, to arrive at a conclusion, as to the locality ot" the 
highlands, (Hiu;illy satisl'actory to their own judgment. 

It would appear from Sir Charles R. Vaughan's note now under con- 
sideration, that the undersii^Mied's answer of the 11th instant, on the con- 
stitiuional point, is not suliituently exjilicit ; heing '' confined," as Sir 
Charles siijiposes, '"to stating that, sliould a new commission of survey, 
freed from the restriction of following the due north line of the treaty, 
find, anywhere westward of that line, highlands separating rivers, ac- 
cording to the treaty of 178;}, a line drawn to them from the monument 
at the source of the St. Croix river will be such a fulfilment of the terms 
of that treaty as the President can agree to make it the boundary, without 
reference to the State of JNIaine." The undersigned finds it difficult to 
be more explicit upon this point than he has been in his obserA'ations al- 
ready made to Sir Charles R. Vaiighan, and which, under the distinction 
presented in his note of the 1 1th instant, consist in the assurance that the 
Government of the United States have the constitutional authority to es- 
tablish the line of 1783, which shall be designated as such by the com- 
mission contemplated in the proposition submitted under the direction of 
the President. 

The want of authority in the Government of the United States, which 
has been stated as a ditficulty to the adoption of the line recommended 
by the arbiter, arises from the circumstance that that line is not only 
confessedly ditferent from the original line called for by the treaty, but 
would deprive the State of Maine of a portion of territory to which, ac- 
cording to the hue of 1783, she would be entitled. By the proposition 
of the President, however, a commission is to be raised, not to recom- 
mend or establish a new line dilferent from tiic treaty of 1783, but to de- 
termine what the true and original boundary, according to that treaty, was, 
and in which of the two disagreeing parties the right to the disputed ter- 
ritory originally was. For this purpose, the authority of the original com- 
missioners, if they could have agreed, was complete under the treaty of 
Client ; and that of the new commission, now to he constituted, cannot be 
less. 

It appears to the undersigned, from a view of the whole subject, that 
it imiteriously becomes both Governments seriously to consider the pres- 
ent j>osture of the affair, and their future anncable relations, end, in pro- 
portion to the dilficulties admitted to exist, to cultivate the disposition 
necessary to surmount them. 

It is not contended that either of the high parties was bound to adopt 
the line of houndary recommended by the arbiter; and the Senate of the 
United States have refused, by a vote of great unanimity, to consent to its 
adoption hy the President. It camiot with propriety be contended that 
the United States were under greater obligation to take the fine recom- 
mended hy the arbiter, wheji he himself could not be satisfied of the right 
of either party, than either (iovernment would have been under to adopt 
either of the lines upon which the original connnissioners disaa;reed. 

Nolhint^ remains, therelore, hut to discard the line called lor by the 
treaty of 1783, and ndo]tt a new ;uid conventional line, mutually con- 
venient l\)\- \)i)\\\ i)arlies ; or to make a finilier ellort, by means yet untried. 



[ Senate Doc. No. 414. ] 233 

but affording reasonable lioj^e of success, lo discover tlic true line of the 
treaty of 1783. 

To adopt the former alternative, the United States have no power with- 
out the assent of Maine ; and that assent, in the present state of the con- 
troversy, Avliiie there remnins a reasonable hope of discovering the true 
and original boundary, it is not j)ossible to obtain. 

It is under such circumstances that the Covernment of his Britannic 
Majesty is invited to unite with the President in another ellbrt, aided by 
the adoption of a plain and easy rule of surveying, to find the line of the 
treaty of 1783, and thus finally to remove the chief obstacle to that state 
of amity which it is so much the interest of both nations to cherish and 
perj^etuate. 

The undersigned avails himself of the occasion to renew to Sir Charles 
R. Vaughan the assurance ofliis distinguished consideration. 

LOUIS McLANE. 

Right Hon. Sir Charles R. Vaughan, 

Envoy Extraordinary and Minister 

Plenipotentiary of his Britannic Majesty. 



Sir Charles R. Vaughan to Mr. McLane. 

Washington, March 24, 1834. 

The undersigned, his Britannic Majesty's envpy extraordinary and min- 
ister plenipotentiary, has the honor to acknowledge the receipt of Mr. 
McLane's note of the 21st instant : and he feels himself called upon to offer 
some explanation of the misapprehension which it appears that he has 
entertained of the bearing of the several divisions in the Senate when the 
award of the King of the Netherlands was under their consideration. 

The undersigned found, in the report which has been published of the 
proceedings in the Senate on that occasion, the question distinctly taken, 
and the award rejected by a bare majority of one vote. The division ot 
35 to 8, which Mr. McLane states was decisive upon the award, as it 
negatived the resolution in the report of the committee which recommend- 
ed the acceptance, escaped the attention of the undersigned, in conse- 
quence of that question having been divided and encumbered with amend- 
ments. Subsequently, a resolution similar to the one in the report of the 
committee, the undersigned now finds was rejected by a vote of 34 to 8. 
The inference drawn by Mr. McLane from these two divisions is, that 
only eiglit Senators were in lavor of accepting the award, and it liad been 
determined that two-thirds of the Senators present must concur in con- 
senting to accept it ; which could not, from the nature of the opinion ex- 
pressed by the arbiter, be carried into etlect by the President without the 
consent of the Senate. 

Mr. McLane asserts that the division of 21 to 20, cited by the under- 
signed, b.id no direct application to the validity of the award, and afforded 
no indijniion of the opinion of the award of the twenty Senators who 
voted for its acceptance ; and yet the vote was distinctly taken upon the 
question whether the Senate should advise the President to decline the 
adoption of the boundary recommended by his Majesty the King of the 
Netherlands. 



2J4 [ Senate Doc. No. 414. ] 

With regard to tlie observation ol' the uiitlersigncd tliat the mode m 
which it was proposed by the United States to settle the boundary was 
coinpUcated, he did not mean to apply it to the adoption of a rule in the 
settlement ol' disputed questions of location, but to the manner in which it 
is proposed by the United States that the new conmiission of survey shall 
be selected and constituted. 

The only alternative being, according to Mr. McLane's note, to decide 
upon a conventional line of boundary, or to make another attempt to find 
the line of the treaty of 17S3 ; and the United States not having the pow- 
er to adopt the former, without the assent of Maine, the undersigned will 
seize the earliest opportunity of laying before his Majesty's Government 
the invitation of the President to make another effort to discover the line 
of the treaty. 

The undersigned has the honor to renew to Mr. McLane the assurance 
of his most distinguished consideration. 

CHAS. R. VAUGHAN. 

The Hon. Louis McLane, 4'C. 



Sh' Charles /?. J'aughan to Mr. Forsyth. 

Washington, December 8, 1S34. 

The undersigned, his Britannic Majesty's envoy extraordinary and min- 
ister pli'iiipotentiary, has received instructions from his Majesty's Govern- 
ment to lay before the Government of the United States the following ob- 
servations, in reply to the proposition made by the President for settling 
the disputed boundary between his Majesty's North American possessions 
and the United States. 

His Majesty's Government have considered, with all the attention which 
the great importance o{ the subject demands, the notes addressed to the 
undersigned on the 11th and 21st Marcli, by Mr. McLane, the Secretary 
of State of the United States, and perceive with great satisfaction, in the 
language of Mr. McLane's notes, and in his earnestness in pressing upon 
his Majesty's Government a proposition believed by the President of the 
United States to be conducive to an adjustment of important differences 
])etween the two Governments, a new proof of the friendly sentiments of 
the Govcnnucnt of the United States to\vards that of his IVIajcsty, and a 
fresh manifestaticjn of a desire to confirm and pcr})etuate the amicable re- 
lations now so happily subsisting between the two countries. 

Animated by a similar spirit of cordial friendshij) towards the President 
and Government of the United States, and actuated by an unabated and 
most anxious desire to arrive at a settlement of this question of boundary 
by any means not inconsistent with the honor and with the essential inter- 
ests of Gn.'at liritain, his Majesty's GovcMnmont, in niplying to the notes 
of Mr. MeLan«', have determined to al)stain from expressing all the regret 
which thi;y feel at finding that the American Government slill declines (o 
come to a separate understanding on those several points of difference, 
with respect to which the elements of decision are fully before both Gov- 
ernments. But his Majesty's Government cannot refrain from saying 
that they regret this circmnstance the more, because, on the one hand, 
'Ik'sc ])(jints of (lifferen<'(" an- not beset with such dilliculties ;is attend the 



[ Senate Doc. No. 414. ] 233 

asccrtaiument of the liiglilaiids desciibcil l)y the treaty of 17S3 ; and be- 
cause, oil the other liaiid, the scttlcineiit of these i)oiiits could not fail to 
facilitate the adjustnieut of the remaiiiiiii,' points of didereuce, by narrow- 
ing the lield of discussion, and by clearly establishing some of the data 
upon which a right determination of those remaining points of dilference 
must depend. Passing by, however, for the present, these subjects of just 
regret, but without in any degree abandoning tlie argument contained in 
the note addressed by the undersigned to Mr. McLane on the 10th of Feb- 
ruary last, his Majesty's Government will now address tliemselves exclu- 
sively to that proposition of the President which is contained in Mr. 
McLane's notes, and in the previous communications of Mr. Livhisgton 
of the 30th April and 28th May, 1833 ; the proposition, namely, that new 
commissioners should be appointed, who should be empowered to seek, 
westward of the meridian of the source of the St. Croix, highlands answer- 
ing to the description of those which are mentioned in the treaty of 1783. 

The President founds this proposition on what Mr. McLane represents 
to be a plain and universal rule for surveying and laying down the bound- 
aries of tracts and of countries designated by natural objects ; this rule 
being, first to find the natural object, and then to reach that object by the 
nearest direct course from any other given point, and with the least pos- 
sible departure from the particular course prescribed in the original deed 
or treaty in which the boundary is described. The President, it is said, 
does not doubt that, with the aid of more accurate surveys of the ground 
by skilful persons, highlands answering to the definition of the treaty may 
yet be found ; and he adds that, "should a new commission of survey, 
freed from the restriction of following the due north line of the treaty, 
find, anywhere westward of that line, highlands separating rivers accord- 
ing to the treaty of 1783, a line drawn to them from the monument at 
the source of the St. Croix river will be such a fulfilment of the terms of 
that treaty, as that the President can agree to make it the boundary, 
without a reference to the State of Maine." 

His Majesty's Government think it right, with regard to this propo- 
sition, in the first place to say, that, however just and reasonable the rule 
of surveying here stated by Mr. McLane may seem, they do not con- 
sider that rule to be so generally established and recognised as Mr. 
McLane assumes it to be. His Majesty's Government, indeed, do not 
recollect any case similar to the present, in which the principle here as- 
serted has been actually put in practice ; but, on the contrary, they re- 
member a case, not merely analogous to that which is now under discus- 
sion, but arising out of the same article of the same treaty of 1783, in 
which this supposed rule was inverted by the agents of the American 
Government itself. The treaty of 1783 declared that the line of bound- 
ary was to proceed from the Lake of the Woods, " in a due west course 
to the river Mississippi." It was afterwards ascertained, by actual sur- 
vey, that even the sources of the Mississippi lie south of the latitude of 
the Lake of the Woods; and that, consequently, it would be impossible 
to reach the Mississippi by any line drawn due west from that lake. In 
order to escape from the clilficulty thus encountered, it was urged by the 
American commissioners that the natural object, the Mississippi, should 
be wholly disregarded ; and in the final settlement of that part ot the 
boundary, as it was fixed by the second article of the convention of Oc- 
tober 20, ISIS, the principle now contended for by the American Gov- 



236 [ Senate Doc. No. il4. ] 

eriiinent was reversed ; for, instead of tlie natural object being made the 
piiiiKiry, and ll;e connecting line the secondary guide, the natural ob- 
ject, namely, ti.e river Missi.'\si|)pi, was put out of consideration, and the 
connecting line, namely, the line to be drawn due west from the Lake 
of the Woods, was converted into a primary element of the boundary. 
It was demonstrated that such a line never could reach the Mississippi 
at all ; bur, instead of adhering to the source of the Mississippi as one 
fixed point, and drawing a new conncctmg line to it from the Lake of 
the \N'oods, which was the other fixed point, the commissioners adhered 
to the arbitrary Hue, to be drawn due west from the lake, and wholly 
abandoned the Mississippi, though that river was specifically mentioned 
in the treaty as a landmark. 

The undersigned has ah-eady observed, in his note of the 10th of Feb- 
ruary last, that the objection which has been made by the State of Maine 
to the line proposed by the King of the Netherlands, would seem to be 
equally apphcable to a westerly deviation from the due north line. But, ' 
nevertheless, if the President of the United States is persuaded that, not- 
withstanding raiy opporution on the part of Maine, he can carry through, 
on this occasion, the practical application of the principle of surveying 
which he has proposed ; and if, as Mr. McLane alleges, no hope remains 
of overcoming the constitutional difRcuhy in any other way, at least until 
this new proposition shall have been tried and found unavail'ng, his 
Majesty's Government are ready to forego their own doubts on this head, 
and to acquiesce in the proceeding proposed by the President of the 
United States, if that proceeding can be carried into eifect in a manner 
not otherwise objectionable. But, in order to preclude all future uncer- 
tainty or cavil on matters upon which differences of opinion have arisen, 
and may arise again, liis Majesty's Government would consider it desi- 
rable that the principles on which the new commissioners would have to 
conduct their survey should be settled beforehand, by a special convention 
between the two Governments. There is, indeed, one preliminary ques- 
tion upon which it is obviously necessary that the two Governments should 
be agreed, before the commissioners to be appointed could begin their sur- 
vey with any chance of success; and that question is, What is the precise 
meaning to be attached to the words which are employed in the treaty to 
define the highlands which the commissioners are to seek for? A differ- 
ence of opinion has heretofore existed between the two Govenmients with 
respect to that meaning; and, unless the commissioners arc agreed upon 
that point.it is obvious that they never can concur in determining whether 
any [)articnlar highlands wliich they may meet with in their survey, are 
actually the highlands intended to be described in the treaty. Mr. McLane 
has correctly stated, in his note of the 21st of March, that the hiijhlands to 
be sought for nuist be hii^hlctnds .separating rivers according to the treaty 
of ITH.'i; i-nd, in ccjiifonnity with the words of that treaty, they must be 
"highlands which dividt; those rivers that empty themselves into the river 
St. Lawrence from those which fall into the Atlantic ocean." As, there- 
fore, the highlands intended by the treaty are to be distinguished from 
other higiilands by the riv'ers whicjj How from them, and as those distin- 
guishing rivers aiu to be known from other rivers by the situation of their 
moiuhs, it is obvious that the operations of the surveying •omniissioners 
can lead to no practical result, imless it be settled beforehand which are 
the rivers that fall into the St. I^awrence,and which are tho.se that lall into 
the Atlantic ocean. 



[ Senate Doc. No. 414. ] 237 

Now, with respect to tlie riv^ers which How iiorthwiird into the St. Law- 
rence, no dili'erence of opinion has arisen hetween the two Governments. 
Hut, with respect to the rivers which How southward into tiie Atlantic 
ocean, a diflerence of opinion has taken place. 

The British Government contend that the treaty of 1783 cstabhshed a 
distinction in this respect between the Atlantic ocean and the bay of Fundy ; 
and that rivers falling into the bay of Fundy are not, for the purposes of 
the treaty, rivers falling into the Atlantic ocean. 

The American Government, on the other hand, has maintaiiK^d that, for 
the purposes of the treaty, the bay of Fundy is part of the Atlantic ocean ; 
and that rivers falling hito the bay may be considered to be rivers falling 
into the ocean. 

His JNIajesty's Government do not deem it necessary to recapitnlatc in 
tliis place the conclusive arguments by which it has been shown in the 
British statements which were laid before the arbiter, and which are now 
in the hands of the American Government, that the frameis of the treaty 
of 178:3, when they used in the second article the words ''rivers which 
fall into the Atlantic ocean," could not possibly have meant to desig- 
nate any rivers whose mouths were situate to the eastward of the river 
St. Croix, which falls into the bay of Fundy. It is thought sufficient 
on the ])resent occasion to advert, in support of this construction of the 
words of the treaty, to the striking fact, that, whilst the river St. Mary, 
which was to form the Southern boundary of the United States, is de- 
scribed in the second article of the treaty as flilling into the Atlantic 
ocean, the river St. Croix, which was to form the Eastern boundary, not 
merely in the same article of the treaty, but in the very next member 
of the same sentence, is described as falling into the bay of Fundy ; while 
a little further on, in the sime article, the Eastern fine of boundary, where 
it terminates at the mouth of the river St. Croix, and the Sonthern line 
of boundary, where it terminates at the mouth of the river St. Mary, 
are described " as respectively touching the bay of Fundy and the At- 
lantic ocean." Can it be seriously maintained that, in a treaty for set- 
tling a question of such vast importance as a boundary between two con- 
tiguous States — a matter which, of all others, imperiously requires pre- 
ciseness of expression — the terms "bay of Fundy" and "Atlantic ocean" 
should have been thus set, not once only, but twice, in the same article, 
in pointed opposition to each other, and yet that no real distinction .should 
have been intended to be drawn between them; but that the "bay of 
Fundy" and the "Atlantic ocean" should have been carelessly used as 
synonymous and convertible expressions? His Majesty's Government 
conceive that no reasonable doubt can be entertained that, where the St. 
Croix, the Eastern limit of the United States, is described as falling into 
the bay of Fundy, it is advisedly so described, in contradistinction to 
the other rivers which are mentioned in the same article as flowing into 
the Atlantic ocean. But, if the St. Croix, whose mouth is situate at the 
very entrance of the bay of Fundy, is not an Atlantic river in the mean- 
ing of the treaty, none of the rivers which discharge themselves to the 
eastward of the St. Croix, and higher up in the bay, can possibly be con- 
sidered as such. 

The view which has uniformly been taken of this question by his 
Majesty's Government has lately received additional confirmation by the 
terms of the award of the King of the Netherlands. The opinion ex- 



238 [ Senate Doc. No. 114. ] 

pressed in tliat document, tluit the rivers Si. John and Ristigoiiche are not 
Athmtic rivers according to the meaning of the treaty, althougli it may 
not he accepted hy the Government of the United States as carrying 
with ii the authority of an award, is at least, to use the language of the 
report of tiie Senate of the United States, "the impartial opinion of a dis- 
interested judge selected by both parties to settle a question of great 
peqilexity.'' 

Considering, then, the force of tlic arguments which have here been 
either stated or referred to, and adverting to the fact that those argu- 
ments have been confirmed by the opinion of an impartial authority, se- 
lected by the common consent of the two Governments, his Majesty's 
Government trust that the American cabinet will be i)rei)ared to agree 
with that of his Majesty as to the construction to be put upon this passage 
of the treaty, and will concur in deciding that the Atlantic rivers which 
are to guide the commissioners in searching for the highlands described 
in the treaty, are those rivers which fall into the sea to the westward of 
tlie mouth of the river St. Croix. 

The undersigned is instructed to represent to Mr. Forsyth that his 
Majesty's Government consider a clear agreement between the two Gov- 
ernments on this point to be an indisputable preliminary to the establish- 
ment of any new commission of survey, 'rill this point is decided, no 
survey of commissioners can lead to any useful result. But the decision 
of this point turns upon the interpretation of the words of a treaty, and 
not upon the operations of surveyors ; and his Majesty's Government 
having once submitted this point, in common with others, to the judg- 
ment of an impartial arbiter, by whose award they have declared them- 
selves ready to abide, they cannot now consent to refer it to any other 
arbitration. 

Tiic undersigned has the honor to renew to Mr. Forsyth the assurance 
of his highest consideration. 

CHARLES R. VAUGHAN. 
The Hon. John Forsyth, ^x: 



Mr. Forsyth to Sir Charles R. Vaughan. 

Departaient of State, 

Washington, Jlpril 28, 1835. 

The observations of the 8th December, submitted under instructions 
from the Jiritish Government by Sir Charles R. Vaughan, his Britannic 
Majesty's envoy extraordinary and minister plenij)otentiary, on the prop- 
osition made by the United States lor the settlement of the disputed 
boundary between the United States and his Britaimic Majesty's North 
American possessions, have been laid before the President, and, by his di- 
rections, the undersigned, Secretary of State of the United States, has now 
tlie honor to rcj)ly. 

Tlie President reciprocates most fully the spirit of cordial friendship 
towards the Government of the United States and liiniseH', by which Sir 
Charles R. Vaughan is pleased to assure the undersigned thai his Majes- 
ty's Govenmicnt is aetuated, and sees with satisliiction the renewed 
assurances of its desire to arrive at a settlement of the question of bound- 



[ Senate Doc No. 114. J 239 

ary by any means not inconsistent with the honor and essential interests 
of Great Britahi. Tlie undersigned is iuslructed to repeat, on the part of 
tlie President, the exfression of his detcn-niination to cllectuate that object 
by all tlie means within liis constitutional competency, which are recon- 
cilable to his views of wiiat are justly due to the character and interests 
of the United States. 

The President has derived a satisfaction proportionable to his deep 
sense of its importance, from the success which has attended the past 
elforts of the two Governments hi removing existing, and preventing- the 
recurrence of new, obstacles to the most liberal and friendly intercourse 
between them; and it would be a source of unalloyed pleasure to be able 
during the short period which he may remain at the head of the Govern- 
ment, to bring to a conclusion, satisfactory to both parties, a controversy 
which has been justly described as the only matter of serious difliculty 
which is still in contestation between Great IJritain and the United States. 

The convention authorizing and regulating the reference of the points 
of difference to a friendly sovereign, and the selection of that sovereio-n 
had been made before the President entered on the duties of his office ^ 
but no time was lost in adopting and facilitating all the measures in which 
his agency could be properly employed to bring that reference to a speedy 
and satisfactory result. If the distinguished arbiter agreed upon had 
found himself able to come to a decision upon the subject satisfactory to 
his own judgment, the Government of the United States would not have 
hesitated for a moment, whatever might have been its opinion of the jus- 
tice of such decision, to have united with his Majesty's Government in 
carrying it fully and immediately into effect. Unfortunately, this was 
beyond his power ; and the respected arbiter was too sensible of what was 
due as well to his own high character as to the parties, to profess to have 
done what lie found himself unable to accomplish. Believing, sincerely 
(but as the President cannot but think erroneously,) that he could not dis- 
charge the functions of arbitrator, he, from unquestioned motives of friendly- 
regard to the parties respectively, acted in the character of mediator. 

That the acts or suggestions of the selected sovereign, in the character 
of mediator, were not binding upon the parties further than they should, 
subsequently, respectively agree to adopt them, was a point too' clear to 
furnish grounds of dispute between the two Governments; nor was it less 
clearly the duty of the President to submit the whole matter, as presented 
by the arbiter, to the Senate of the United States for its constitutional 
advice and co-operation. Recommendations of the arbiter were rejected 
by a large majority of that body, and a resolution passed advising the 
President " to open a new negotiation with his Britannic Majesty's Gov- 
ernment for the ascertainment of the boundary between the possessions of 
the United States and those of the King of Great Britain, on the North- 
eastern frontier of the United States, according to the treaty of peace 
of 1783." 

The parties were thus placed, in respect to the disputed boundary, in 
the situation respectively occupied by them before the conclusion of the 
convention of the 24th December, 1814, in virtue of which the various 
measures that had been successively adopted to bring this controversy to 
a satisfactory termination were commenced ; leaving the President witli no 
other rightful authority for its adjustment than that of opening anew ne- 
gotiations for the settlement of the question, according to the terms and 
upon the principles of the treaty of 1783. 



240 [ S;»nate Doc. No. 414. ] 

The un lorsigned is specially instructed to assure Sir Charles R. Vaughan 
that the President duly appreciates the prompt sugsjestiou made by him, 
as his Britannic Majesty's minister, that a negotiation sliould be opened 
for the establishnieut of a conventional boundary between the two coun- 
tries, which, while it respected, as far as i)racticable, their existing preten- 
sions, should secure the best interests of each. 

Possessing full power over the subject, his Majesty's Government 
mi"'!!! very properly consult what was due to its uniform professions ; and 
Sir Charles R. Vanghan may assure his Government that, if the President 
had like powers, he would have met the suggestion in as favorable a 
spirit as that by which it was prompted. His limited power has been 
heretofore stated; and the reasons why, under the peculiar structure of 
our poUtical system, the Federal Government cannot alienate any portion 
of the territory of a State without its consent, have been given at large ta 
Sir Charles R. Vaughan, as well as the reasons why, under existing cir- 
cumstances, and while a hope remains of arriving at a settlement of the 
question as oriijinally presented under the treaty, there is but little pros- 
pect that the State of Maine would agree to the establishment of a new 
line. Thus restricted in the exercise of his discretion, and embarrassed 
by the dilliculties arising from the failure of anterior efforts, the President 
has, nevertheless, given his constant attention to the subject, in the hope 
of still being able to find some mode by which the protracted controversy 
may be terminated satisfactorily. 

The snbmission of the whole subject, or any part of it, to a new arbi- 
trator, promised too little to attract the favorable consideration of either 
party. The desired adjustment was, therefore, to be sought for in the ap- 
plication to the controverted question of some new principle not heretofore 
acted upon, and the consequent prosecution of investigations hitherto un- 
attempted, because regarded as irrelevant and inapplicable. He thought 
(and with respectful deference to the apprehension of his Majesty's Govern- 
ment, he still thinks) that, with the hearty co-operation of his Majesty's 
Government, the object which is so desirable to all parties — a Hiir and 
equitable settlement of tlie boundary in dispute, according to the treaty of 
1783, by a faithful prosecution of the plan which has been submitted, by 
his directions, to the consideration of his Majesty's Government — is at- 
tainable. 

JJy the treaty of 1783, the boundary between the dominions of the two 
Governments was to be a line drawn from the source of the St. Croix, di- 
rectly north, to the highlands which divide the rivers which fall into the 
Atlantic ocean from those which fall into the river St. Lawrence, (the 
point at which the due north line was to cut the highlands was also desig- 
nated as the northwest angle of the Province of Nova Scotia ;) thence, 
along the said highlands, to the north westernmost head of the Connecticut 
river. 

Th(^ ascertainment of the true northwest angle of Nova Scotia, or the 
desi'Miati«jn of the liighlands referred to, has been the principal difficulty 
by which the sctiliMiKMit of the boundary has been so long retarded ; and 
it was the supposed impracticability of satisfactorily accomj)lishing that 
ascertainment or designation which prevented the adjustment by the ar- 
bitrator. The United States have always contended th it the point to 
which they have uniformly claimed is upon certain highlands north of 
th.> river St. John, which answers, in every respect, the description given 



[ SiHiite Doc. No. 414. ] 2U 

in the treaty, and is the true northwest angle of Nova Scotia ; a claim 
which is not intended to be abandoned or weakened by anything the 
President has authorized to be proposed or said upon the subject. If the 
highlands now referred to do, in truth, answer this description, no doubt 
could be reasonably entertained of the justice of our claim, as there would 
be a perfect concurrence in the course prescribed and the natural object 
designated by the treaty; but, on the part of Great Britain, it has been 
strenuously contended that no highlands, answering the description in the 
treaty, could be found northward of the river St. John, npon a line run- 
ning directly north ; and it has therefore been insisted that the due north 
line shall be deemed to terminate to the southward of that river, and at a 
place called Mars Hill. 

The President is advised that it is a rule in practical surveying which 
prevailed in this country before the Revolution, and has since been, and 
still is, considered obligatory, that when there is found in the location of 
the premises described in a deed, or any other instrument, a disagreement 
in the course of a given line, and the bearing of a natural object called 
for as its termination, the given course must be made to yield to the 
given object, and the line closed at the object, in a direction correspond- 
ing, as nearly as practicable, to the course prescribed, upon the princi- 
ple that the natural object furnishes evidence of the true intention of the 
parties, which may be relied upon with more safety than the course, 
errors in which constantly occur, from the imperfection of the instruments 
used, or the want of knowledge of those in whose hands they may have 
been placed. He has thought that this rule might be rightfully and prop- 
erly applied to the matter now in controversy, and is willing to agree 
that if, upon a thorough examination, it shall appear to those appointed 
by the parties to make it, that his Majesty's Government is correct in its 
assumption that the highlands hitherto claimed by the United States as 
those designated by the treaty do not answer that description, but that 
those highlands are to be found to the west of the due north line, that 
the boundary line should be closed according to the established rule in 
practical surveying. Whether there are highlands to be found in a north- 
westerly course from the source of the St. Croix, answering better to the 
description given in the treaty of 1783 than those heretofore claimed by 
the United States, and so clearly identified as to remove all reasonable 
doubt, remains to be ascertained. No inquiry into this fact, with a view 
to apply it to the respective and conflicting pretensions of the parties, has 
hitherto been made. It was under these circumstances, and with such 
impressions, that Mr. Livingston was authorized to propose to Sir Charles 
R. Vaughan, for the consideration of his Government, that a new com- 
mission should be appointed, consis^'-ig of an equal number of commis- 
sioners, with an umpire selected by some friendly sovereign from among 
the most skilful men in Europe, to decide on all points in which they 
might disagree ; or a commission entirely composed of scientific Eu- 
ropeans, selected by a friendly sovereign, to be attended in the survey 
and examination of the country by agents appointed by the parties. The 
adoption of this course would, it was urged, have the benefit of strict im- 
partiality in the commissioners' local knowledge and high professional 
skill, which, though heretofore separately called into action, have never 
before been combined for the solution of the question. 
17 



212 I Senate Doc. No. Ul. J 

In consequence olawish expressed by Sir Charles R. Vaughan to 
be more fully advised of the views ol' the President upon the subject of 
ihis pioposition, he was furnished ^\ith a diagiam, by which the manner 
in which it was intended the line should be run, in the event highlands 
weie liijcoN eieu better answering liie desci iption of the treaty than those 
claimed by the United States, was pointed cut distinctly ; while, to relieve 
Lis M;ije.''ty's (Government from :ill ajiprchension ofamoie extended 
claim 1)1 toriitory on our part. Mi. Livingston was authorized to disclaim, 
and did disclaim, all pretensions on the part of the United States to the 
lerritory east ot the line which had been previously run directly north 
Oom the source of the St. Croix. Actuated by that sincere desire to ef- 
fect in tome proper way the settlement of the boundary in question, by 
which he had been governed, Mr. McLane was subsequently authorized 
by the President to propose to Sir Charles R. Vaughan, for the consider- 
ation of his Majesty's Government, that, if the proposition made by Mr. 
Livingston for the adjustment of one of the three points of difference was 
accepted, the United States would, on their part, consent to adopt the 
place designated by Great Britain as the northwesternmost head of Con- 
Becticut river ; and would, also, as to the remaining point, the line from 
Connecticut river to the St. Lawrence, adopt that wliich was run by Val- 
entine and Collins, which, it was believed, would not be unacceptable to 
Great Britain. 

The undersigned does not learn from the conimunication of Sir Charles 
R. Vaughan that the justice and reasonableness of the rule of practical 
iur\ eying, offeied as the basis of Mr. Livingston's proj)osition, is now 
disputed, although not considered by his Miijcsly's Government so gener- 
ally established and lecognised as was supposed by the predecessor of 
ihe undersigned. 

If it should become material to do so, which is not from the present 
aspect of the question to be anticipated, the undersigned would find no 
difficulty either in fortifying the ground occupied by his Government in 
this regaid, or in satisfying Sir Charles R. Vaughan that the instance of a 
supposed departure from the rule, brought into notice by his Britannic 
Majesty's Governnjent, is not at variance with the asseition of JNlr. Liv- 
ingston, lepeated by Mr. McLane. F^or the present, therefore, he limits 
himself to this single remark — that the line of demarcation between the 
United States and the possessions of Great Britain, referred to by Sir 
Chailes R. Vaughan, was not established as the true boundary prescribed 
Ly the treaty of 1783, but was a conventional substitute for it of a parallel 
of latitude, the icsult of a new negotiation, controlled by other consider- 
ations than those which were to be drawn from that instrument only. 
Under these circumstances, it is with unfeigned regret the President 
learns the decision of his Majesty's Government not to agree to the 
proposition made in that s|)irit of accommodation by which the United 
States ha\ e throughout been inlluenced, without a jirecedent com[)liaiu'c 
on their part with inadmissible conditions, 'ihcse conditions were first 
brought to the consideration of the Goveiiimcnt of the United States by 
Sir Charles R. V'aughan's letter to Mr. McLane of the lOlh of February, 
1834, in which it was stated that, as the arbiter, in the course of his 
reasoning on the main i)oint, had expressed his opinion upon several sub- 
•rdinatc (juestions having a direct bearing thereon, these opinions, re- 



[ Senate Doc. No. 414. J 213 

garded by his Majesty's Government as decisions, ought to be acquiesced 
in by the parties before any steps were taken to carry the President's 
proposition into effect. These opinions, as stated by Sir Charles R. 
Vaughan, were found to be seven in number, embracing substantially 
every suggestion of the difficulties the arbitrator had found and express- 
ed in yielding his assent to the American location of tiie disputed line. 
Sir Charles R. Vaughan has already been put in possession of the Presi- 
dent's views upon this proj)osal of his Majesty's Government. The 
President sincerely believes that the new process of investigation j)ro- 
posed by him might, under the control of the principle of practical sur- 
veying developed, lead to a settlement of this agitating question, which, 
as it would be legally and fairly made according to a long-established and 
well-known rule, prevalent eijually among the citizens of the United 
States and the subjects of his Britannic Majesty, ought to be, and he 
confidently trusted would be, satisfactory to all parties. Under this con- 
viction, and being moreover most solicitous that no means by which so 
desirable an object might be facilitated should be left untried, he con- 
sulted alike his inclination and his duty, by making the proposal in ques- 
tion. If his Majesty's Government are so firm in the belief that a satis- 
factory settlement of the disputed line of boundary, according to the 
treaty of 1783, is so clearly impracticable as to render all future efforts 
to that end unavailing, and had, on that account, declined the offer made 
by the President, he might not have had cause to complain. But it ap- 
peared to him to be exceedingly unreasonable that he should be asked to 
adopt, in the prosecution of a proposed plan for the ascertainment of the 
true boundary as prescribed by the treaty, those suggestions and opinions 
of the arbiter, by which alone he had brought his mind to the extraordi- 
nary conclusion that the boundaries prescribed could not be located ; more 
especially so, when the President sincerely dissented from the correct- 
ness of those opinions; and when, in addition thereto, the admission of 
some of them might, as understood by and following the previous pre- 
tensions of his Majesty's Government, establish as the true boundary of 
the treaty of 1783 the line claimed by Great Britain, yet declared by 
the arbiter himself, the adoption of whose opinions was thus asked, to be 
towards the United States unjust and inequitable, and not comporting 
with the obligations and intentions of the parties to that instrument. Sir 
Charles R. Vaughan was informed by Mr. McLane of the reasons 
upon which this opinion of the President was founded, and his Majesty's 
Government invoked not to persist in requiring conditions to which the 
President could not assent. The President is pleased to find that the 
frank and conciliatory spirit in which this was done has been duly ap- 
preciated by his Majesty's Government, and sincerely regrets that they 
were not also found to possess sufficient force and justice to induce it to 
withdraw entirely the objectionable conditions. Such, he is concerned 
to find, has not been the case ; but that, on the contrary, while it has 
pleased his Majesty's Government to waive, for the present, six of the 
seven opinions referred to, the remaining one, among the most important 
of them all, is still insisted upon. The President does not think it ne- 
cessary to direct anything to be added to the reasons which have been 
urged by Mr. McLane in support of the objections of a general character 
to the course which his Majesty's Government think it justifiable to pur- 



211 [ Senate Doc. No. 414. J 

sue in this respect, and the undersigned, therefore, only requests a care- 
ful reconsideration of them. In respect to the specific condition still per- 
sisted in — viz : that the St. John's and Hi^titiouche should be treated by 
the proposed commission as not being Atlantic livers, according to the 
meaning of those terms in the treaty — the undersigned submits a few 
brief remarks. Whether these rivers were or were not to be so regard- 
ed was a point most laboriously argued between the two Governments, 
but without success, as far as it respected the opinions of eitlier. Sir 
Charles R. Vaughan, in his communication to which this is a reply, has 
reasserted some of the positions of fact, and re-enforced some of the rea- 
sons then asserted and urged by his Government ; but the undersigned is 
not apprized of anything new, either of fact or argument, that has now, 
fertile first time, been brought forward. The inutility of renewing the 
discussion on this point is so obvious, that the uudersigned deems it ne- 
cessary merely to suggest that, however convincing and satisfactory the 
argument of the British Government to itself, it has been ever considered 
by the United States as altogether inconclusive, and the contrary position 
as most fully sustained by the arguments and facts heretofore adduced 
on their part in the discussion between the two Goveinments of the sub- 
ject. That part of the communication of Sir Charles K. Vaughan, how- 
ever, which seeks to strengthen the ground heretofore taken on this point 
by his Government, by calling to its aid the supposed confirmation by the 
arbiter, jequires a more particular notice. In Sir Charles R. Vaughan's 
note of the 10th of February, 1834, the arbiter is represented to have 
declared that " rivers falling into the bay of Chaleurs and the bay of Fun- 
dy cannot be considered, according to the meaning of the treaty, as rivers 
falling into the Atlantic ; and especially that tlie rivers St. John and 
Ristigouche cannot be looked upon as answering tlic latter description ;" 
and, in Sir Charles R. Vaughan's last communication, the fact of such an 
opinion having been declared is taken lor granted. Without stopping to 
question the effect of such a declaration upon the rights of the parties, as 
it has been rendered unnecessary by what has heretofore been said, the 
undersigned feels himself fully warranted in questioning that any such 
opinion has been given by the respected arbiter. 

In regard to the first and most material point in controversy — where is 
the spot designated in the treaty as the northwest angle of Nova Scotia, 
and wheie the highlands dividing the rivers that empty themselves into 
the river St. Lawrence from those falling into the Atlantic ocean, along 
which highlands is to be drawn the line of boundary from that angle to 
the noi thwesternmost head of the Connecticut river.''- the ai biter con- 
sidered "that the nature of the dilference, and the vague and not suffi- 
ciently determinate stij)ulations of the treaty of 1783, do not permit to 
adjudge eiilicr of the lines to one of the said j)aitics, Avilhout wounding 
the piinciples of law and ecjuity with regard to the other." It is indeed 
true that, in support of this view of the subject, it was observed by the 
ai biter, " that if, in contradistinction to the rivers that empty themselves 
into the river St. Lawience, it had been proper, agreeably to the lan- 
guage ordinarily used in geography, to comprehend the rivers (ailing into 
the bays Fundy and des Chaleurs with those emptying themselves direct- 
ly into ihe Atlantic ocean, in the generical denomination of rivers falling 
into the Atlantic ocean, it would be hazardous to include into the spe- 



[ Senate Doc. No. 414. J 2 15 

cies belonging to that class the rivers St. John and Ristigouche, which 
the line claimed at the north of the river St. John divides immediately 
from rivers emptying themselves into the river St. Lawrence, not with 
other rivers falling into the Atlantic ocean, hut alone ; and thus to apply, 
in interpreting the limitation established by the treaty, where each word 
must have a meaning, to two exclusively special cases, and where no 
mention is made of the genus, (genre J a generical expression which 
would ascribe to them a broader meaning," &c. 

It cannot but appear, from further reflection, to Sir Charles R. 
Vaughan, that this declaration, that the rivers St. John and Ristigouche 
could not be a/one taken into view, without hazard, in determining the 
disputed boundary, is not the expression of an opinion that they should 
be altogether excluded in determining that question ; or, in other words, 
that the opinion of the arbitrator is, that the St. John and Ristigouche 
cannot be looked upon as rivers emptying into the Atlantic. 

The undersigned has examined the award in vain, to discover any other 
declaration of the arbiter, from which support could be derived for the 
assumption under consideration, and he finds nothing to sustain it in the 
general conclusions which the arbitrator allowed himself to reach. On 
the contrary, he insists that, independently of the strong inference to be 
drawn from the whole tenor of the award, that it was not his intention 
to express the opinion imputed to him. 1'he arbiter has, in terms, pro- 
tected himself, as well as the United States, against such an assumption, 
by the following explicit declaration, almost immediately succeeding that 
which can only be relied on to support^the opposite conclusion : " And, 
on the other hand, that it cannot be sufficiently explained how, if the high 
contracting parties intended, in 1783, to establish the boundary at the 
south of the river St. John, that river, to which the territory in dispute is, 
in a great measure, indebted for its distinctive character, has been 
neutralized and set aside." 

Entertaining these views, the President has made it the duty of the 
undersigned to apprize Sir Charles R. Vaughan that he cannot agree to 
clog the submission with the condition proposed by his Majesty's Gov- 
ernment. A thorough and most careful re-examination of the subject, in 
all its relations, has but served to confirm his previous impressions that a 
just regard for the rights of the parties, and a proper consideration of his 
own duty, required that the new submission, if made, should be made 
without restriction or qualification upon the discretion of the commission- 
ers, other than such as result from established facts and the just interpre- 
tation of the treaty of 1783, and such as have been heretofore, and are 
hereby now again, tendered by him to his Britannic Majesty's Govern- 
ment. He despairs of obtaining a better constituted tribunal than the 
one proposed. He sees nothing unfit or improper in submitting the 
question as to the character in which the St. John's and Ristigouche are to 
be regarded, to the decision of impartial commissioners ; the parties have 
heretofore thought it proper so to submit it, and it by no means follows 
that, because commissioners chosen by the parties themselves, without 
an umpire, have not been able to come to an agreement in respect to it, 
that the same unfortunate result would attend efforts of commissioners 
differently selected. 

The President is not at present advised of any other proposition that 



216 f ScnateDoc. No. 414. j 

it is in his power to make, iu furtherance ol that object, which is alone 
uithin his constitutional competency — the settlement of the boundary ac- 
cording to t!ie treaty of 1783. The undersigned is, however, instructed 
to say that lie will be most happy to receive any such proposition as his 
Britannic Majesty's Government may think it expedient to make, and 
■will not fail to consider it in a just and conciliatory spirit. He has also 
been authorized by the President to confer with Sir Charles R. Vaughan, 
whenever it may suit his convenience, and comport with the instructions 
of his Government, as well in respect to any suggestion which he may 
have to make upon the subject of the treaty boundary, as to any propo- 
sition his Majesty's Government may be disposed to offer for a conven- 
tional substitute for it. The undersigned deems it, however, requir(id 
by frankness to say to Sir Charles R. Vaughan, that, as the President 
does not possess the power to establish a conventional boundary, without 
the assent of the State of Maine, it will be greatly conducive to the 
preservation of that harmony between the two countries both are so 
desirous to cherish, and is so liable to be impaired by unavailing nego- 
tiation, that whatever proposition his Majesty's Government may feel 
disj)osed to make should, before its submission to the authorities of that 
State, receive a form sufficiently definite to enable the President to 
take their sense upon it without embarrassment, and with the least pos- 
sible delay. 

The undersigned avails himself of the occasion to renew to Sir Charles 
R. Vaughan the assurance of his great consideration. 

JOHN FORSYTH. 

Right Hon. Sir Charles R. Vaughan, &c. 



Sir Charles R. Vaughan to Mr. Forsyth. 

Washington, May 4, 1S35. 

The undersigned, his Britannic Majesty's envoy extraordinary and 
minister plenipotentiary, has the honor to acknowledge the receipt of the 
note of the Secretaiy of State of the United States, in answer to the 
observations which he presented, according to the instructions of his 
Majesty's Government, respecting the proposal of the Picsident of the 
United States to endeavor to settle the boundary by establishing a new 
commission of survey. 

It is with great regret that (he undersigned linds that a condition which 
his Majcsly's Government stated to be an essential preliminary to the 
adoption of the proposal of the President, is declared to be inadmissible 
by the Government of the United States. 

The Secretary of State, in his note, not only questions, but positively 
denies, (hat the view taken by his Majesty's Government of that point in 
the (!i^pu(e which resjiccts the rivers which are to be considered as fall- 
ing directly ifito the A(lan(ic, has received any confirmation, as alleged 
in the note of the undersigned, from the terms of the award of the arbiter. 

Without attempting to give a clear exposition of the meaning of that 
j)assage in the award where it is stated that it would be hazardous to 



1 Soiiatc Doc. No. 414. ] 247 

comprehend the rivets Ristigouche and St. John in those which fall 
diiectly into the Atlantic ocean, the very passage cited by xMr. I'orsyth 
in his noto Ibims a pai t of the reasoning of the arbiter, founded on the 
words of the treaty, against admitting the American line north of the St. 
John, because that river and the Uistigouche, wliich that noitli line sepa- 
rates from rivers emptying themselves into the St. Lawrence, are not to be 
considered as the rivers of the treaty which fall into the Atlantic ocean. 
The undersigned, therefore, appeals with confidence to the tenor of 
the language of the award, to justify the inference which has been 
drawn from it by his Majesty's Government. 

The acquiescence of the Government of the United States in that 
which was understood to be the opinion of the arbiter, was invited bj 
his Majesty's (government, because the new commission could not enter 
upon their survey of the disputed territory in search of the highlands, 
to be distinguished by the se()aration of rivers, without a previous agree- 
ment between the respective Governments what rivers ought to be con- 
sidered as rivers falling into the Atlantic. 

Mr. Forsyth observes that the new submission should be left to the 
discretion of the commissioners, without lestriction ; but it appears to 
the undersigned that, if the character in which the rivers Ristigouche 
and St. John are to be regarded, is a question to be submitted to them, 
the proposal of the President would assume the character of a renewed 
arbitration, which, as Mr. Forsyth observes, "promises too little to at- 
tract the favorable consideration of either party." 

While his Majesty's Government has been disposed to maintain the 
validity of the decisions of the arbiter on subordinate points, their men- 
tion has not been exclusively confined to those decided in favor of Brit- 
ish claims. An attentive consideration of (he whole of the decisions in 
the award will show that they are nearly balanced in favor of either 
party ; while the general result of the arbitration, to which his Majesty's 
Government expressed a willingness to adhere, was so manifestly in fa- 
vor of the United States, that to them were assigned three-fifths of the 
territory in dispute, and Rouse's Point, in Lake Champlain,to which the 
American Government had voluntarily resigned all claim. 

The undersigned begs leave to offer some explanation of the sugges- 
tion which he ventured to make without instructions from his Govern- 
ment, which is alluded to in the note of the Secretary of State. In a 
note addressed to Mr. McLane, and dated the 31st May, 1833, the un- 
dersigned, being convinced of the insuperable ditficulties in the way of 
tracing the line of the treaty, notwithstanding the proposal of the Presi- 
dent to deviate from the due north line from the St. Croix river, in 
search of the highlands, ventured to observe that the question of bound- 
ary could only be set at rest by the abandonment of the defective de- 
scription of it in the treaty, and by the Governments mutually agreeing 
upon a conventional line more convenient to both parties than either of 
the lines insisted upon by the commissioners under the treaty o> Ghent, 
or the line recommended by the King of the Netherlands. The answer 
to that suggestion, in a note dated the olh June, 1833, from Mr. McLane, 
was, that it would rather add to than obviate the constitutional difficul- 
ties, already insuperable. 

The undersigned acknowledges, with great satisfaction, the assurance 



248 I Senate Doc. No. 4 11 J 

which he hai> now received, that, il the I'resident possessed the same 
full power as his Majesty's (iovernincnt over the question of boundary, 
so long in discussion, he would have met the suggestion in as favorable 
a spirit as that by which it was prompted. His Majesty's Government 
must acknowledge, and will duly appreciate, the friendly spirit and the 
unwearied endeavors of the President to remove the only ditficulty 
which remains in the relations with the United States; and it is to be 
lamented that the two Governments cannot coincide in the opinion that 
the object is attainable by the last proposal of the President, as it is in 
his power to offer, in alleviation of the hopeless task of tracing the line 
of the treaty to which the Senate has advised, that any further negotiation 
with the British Ciovernmcnt should be restricted. 

The undersigned will transmit, without delay, to his Majesty's Gov- 
ernment, a copy of the note which he has had the honor to receive from 
the Secretary of State of the United States, and he is ready to meet the 
wishes of the President, and to confer with the Secretary of State, when- 
ever it may be convenient to receive him. 

As to any proposition which it may be the wish of the Government of 
the United States to receive from his Majesty's Government, respecting 
a conventional substitute for the line of the treaty of 1783, the constant 
allusion, in the correspondence which has taken place, to constitutional 
difficulties in the way of the Executive treating for any other line than 
one conformable w ith that of the treaty, until the consent of the State of 
Maine is obtained, seems to point out the necessity, in the first instance, 
of attaining that object, which must be undertaken, exclusively, by the 
General Government of the United States. As to other ditliculties which 
present themselves to the undersigned, they will, more properly, form the 
subject of a conference with the Secretary of State. 

The undersigned has the honor to renew to Mr. Forsyth the assurance 
of his most distinguished consideration. 

CHARLES R. VAUGHAN. 

[Ion. John Forsyth, &c. 



Mr. Bankhead to Mi-. Forsyth. 

Washington, December 28, 1835. 

The undersigned, his Britannic Majesty's charge d'affaires, has the 
honor to acquaint Mr. Forsyth, the Secretary of State of the United 
States, that his Majesty's Government have taken into their most delib- 
erate consideration the note presented by Mr. Forsyth to Sir Charles 
Vaughan, on the 2Sih of April last, upon the boundary question ; and the 
undersigned has been instructed to make the following communication 
to Mr. ForsUh, in reply: 

His Majesty's Government have observed with the greatest pleasure, 
during the whole of the communications which of late have taken place 
on this question, the friendly and conciliatory spirit which has been man- 
ifested by the President of the United States; and they are themselves 
equally animated by the sincerost desire to settle this matter by an ar- 
rangement just and hoDOiabh' for both parties. 



f Senate Doc. No. 414. J 2 49 

His Majesty's Governn)ent arc fully convinced that, if the repeated 
attempts which they have made to come to an understanding on this sub- 
ject wi'h the Government of the United States have not been attended 
with success, the failuic of their endeavors has been owing to no want 
of a corresponding disposition on the part of the President, but has arisen 
from difficulties on his side over which he has had no control. 

His Majesty's Government, however, do not the less lament that the ad- 
vances which they have made have been fiuitless; but with their regret 
is mingled the satisfactory consciousness which they feel, that, in making 
those advances, they have gone to the utmost extent to which a due re- 
gard to the honor and interests of the British Crown could permit them 
to go. 

The time seems, however, now to be arrived, when it has become 
expedient to take a review of the position in which the discussion be- 
tween the two Governments stands; and, by separating those plans of 
arrangement which have failed from those which are yet susceptible of 
being adopted, to disencumber their future communications of all useless 
matter, and to confine them to such suggestions only as may by possi- 
bility lead to a practical result. 

And, first, with regard to the award of the King of the Netherlands. 
The two Governments had agreed to refer to that sovereign, as arbiter, 
the decision of three points of difference, and they pledged themselves 
beforehand to abide by the decision which he might pronounce. The 
King of the Netherlands decided, absolutely, two points out of the three ; 
and with respect to the third, while he declared that an absolute decision 
of that point was impossible, he recommended to the two parties a com- 
promise . 

His Majesty's Government, on receiving the award of the King of the 
Netherlands, announced, without any hesitation, their willingness to 
abide by that award, if it should be equally accepted by the United 
States. 

His Majesty's Government were, of course, fully aware that this award 
was not an absolute decision on all the three points submitted to refer- 
ence ; they were also quite sensible that, in some important matters, 
this award was less favorable to Great Britain than it was to the United 
States; but the wish of his Majesty's Government for a prompt and ami- 
cable settlement of this question outweighed the objections to which the 
award was liable, and, for the sake of obtaining such a settlement, they 
determined to accept the award. 

But their expectations were not realized. The Senate of the United 
States refused, in July, 1832, to subscribe to the award ; and during the 
three years which have elapsed since that time, although the Biitish 
Government has more than once declared that it was still ready to abide 
by its offer to accept the aw^ard, the Government of the United States 
has as often replied that, on its i)art, that award could not be agreed to. 
The British Government must now, in its turn, declare that it considers 
itself, by this refusal of the United States, fully and entirely released 
from the conditional offer which it had made ; and the undersigned is in- 
structed distinctly to announce to the President that the British Govern- 
ment withdraws its consent to accept the territorial compromise recom- 
mended by the King of the Netherlands. 



2fi0 f Senate Doc. No. 414. ] 

The award being thus disposed of, the next matter to be considered 
is, the proposal of the President of the United States that a new survey 
of the disputed territory should be made by commissioners, to be named 
in one of the two ways suggested by him; and that these commissioners 
shouKl endeavor, by exploring the country, to trace a boundary line that 
shoeld be conformable with the treaty of 1783. 

With this view, the President suggests that, whereas the landmark to 
be looked for consists of certain highlands described in tiwi treaty, the 
commissioners should be authorized to search for those highlands in a 
northwesterly direction from the head of the St. Croix river, if no such 
highlands should be found in the due north line from that point. 

To this, his Majesty's Government replied, that, before an exploring 
commission could be sent out in search of these highlands, it would be 
necessaiy that the two Governments, and by consequence their respect- 
ive commissioners, should be agieed as to the definition by which any 
given hills were to be identified as being the highlands intended by the 
treaty. 

That, according to the words of the treaty, these highlands were to be 
known by the circumstance of their dividing riveis flowing into the St. 
Lawrence from rivers flowing into the Atlantic ; that, with regard to 
rivers flowing into the St. Lawrence, no doubt could possibly exist as to 
which those rivers were, but with regard to rivers flowing into the At- 
lantic ocean, a question has been mooted as to them, and this question 
is, whether the bay of Fundy should, for the purpose of the treaty, be 
considered as part of the Atlantic, and whether rivers flowing into that 
bay should be deemed to be Atlantic rivers. 

His Majesty's Government stated the reasons which, in their opinion, 
render it clear and certain that the treaty of 1783 established a distinc- 
tion between the bay of Fundy and the Atlantic ocean; and, therefore, 
excludes from the class of Atlantic rivers, rivers which discharge them- 
selves into that bay. 

His Majesty's Government further quoted, in confirmation of this opin- 
ion, the decision which, as they contend, the King of the Netherlands 
incidentally gave upon this question in the course of his award ; and 
they expressed their hope that the Government of the United States 
would be prepared to agree with them, and with the King of the Nether- 
lands, on this particular point. 

It appears, however, l)y Mr. Forsyth's note of the 28tli Apiil, that this 
hope has been disappointed, and that the President finds himself unable 
to admit the distinction drawn on this point between the bay ol Fundy 
and the Atlantic ocean. 

Under these circumstances, his Majesty's Government cannot see how 
any useful lesult could arise out of the proposed survey ; and it appears 
to them, on the contrary, that if such survey did not furnish fresh subjects 
of dilference between the two (Jovernments, it could at best only bring 
the subject back to the same point at which it now stands. 

For the commissioners would probably not proceed far in their survey 
without coming to some high ground to which this dilference of opinion 
on the river question would apply : the American commissioners would 
say that they had found the highlands of the treaty ; the Hrilish commis- 
sioners would declare that those were not the highlands which the treaty 



[ Senate Doc. No. 414. J 251 

describes. What, under such circumstances, would the commissioners 
have to do? Would they, then^ come back to their respective Govern- 
ments for that decision on the river (jueslion which ought to have been 
made before they set out? or, failing to come to an agreement among 
themselves as to the character of the higli ground thus met with, would 
they then at once, and without further reference to their (iovernments, 
endeavor to find, in some other jdace, and some other direction, high- 
lands which both Governments might agree to accept, as separating rivers 
which flow into the St. Lawrence from rivers which, by the consent of 
both parties, flow into the Atlantic ocean ? If, indeed, the proposal of 
the President is to be understood as implying that ihis latter course of 
proceeding would be adopted, much of the difficulty attending the exe- 
cution of that proposal would be removed. 

The President, however, has suggested another way of getting over 
the embarrassment of the river question ; and to this plan his Majesty's 
Government regret that it is not in their power to assent. The Presi- 
dent suggests that the commission of survey should be empowered to de- 
cide this point of difference. But his Majesty's Government cannot admit 
that this point could properly be referred to such a commission. The river 
question is one which turns upon no local survey, and for the decision 
of which no further geographical or topographical information can be re- 
quired. It turns upon the interpretation to be put upon the words of the 
treaty of 1783, and upon the application of that interpretation to the ge- 
ographical facts already well known and ascertained : a commission of 
survey, therefore, has no peculiar competency to decide such a question. 

But, to refer that question to any authority, would be to submit it to a 
fresh arbitration ; and if his Majesty's Government were prepared to 
agree to a fresh arbitration, which is by no means the case, such arbitra- 
tion ought necessarily to include all the points in dispute between the 
two Governments, and not to be confined to one particular point alone. 

With respect, then, to the President's proposal for a commission of ex- 
ploration and survey, his Majesty's Government could only agree to such 
a commission, provided there were a previous understanding between the 
two Governments, that although neither should be required to give up its 
own interpretation of the river question, yet as the commission of survey 
would be intended for purposes of conciliation, and with a view of put- 
ting an end to discussion on controverted points, the commissioners should 
be instructed to search for highlands upon the character of which no doubt 
could exist on either side. 

But, if this modification of the President's proposal should not prove 
acceptable to the Government of the United States, the only remaining 
way of arriving at an adjustment of the difference would be to abandon 
altogether the attempt to draw a line in conformity with the words of the 
treaty of 1783, and to fix upon a conventional line, to be drawn according 
to equitable princij)les, and with a view to the respective interests and 
convenience of the two parties. 

His Majesty's Government are perfectly ready to treat for such a line, 
and they conceive that the natural features of the disputed territory 
would afford peculiar facilities for drawing it. 

When a tract of country is claimed by each of two States, and each 
party is equally convinced of the justice of its own claims to the whole 



252 r Senate Doc. No. 4i4. | 

of the disti ict ill question, the fairest way of settling the controversy 
would seem to be to divide, in equal portions, between the two claim- 
ants, the territory in dispute. 

Such a mode of arrangement appears to be consistent with the natural 
princi})lcs of equity. 

His Majesty's Government would, therefore, propose to that of the 
United States to ailjust the present diflfcrence, by dividing equally be- 
tween Great Britain and the United States the territory in dispute ; al- 
lotting to each party that portion which, from contiguity or other circum- 
stances, would be most desirable as a j)OSsession for each. 

The general outline of such a division would be, that the boundary be- 
tween the two States should be drawn (as required by the treaty) due 
north from the head of the St. Croix river, and should be carried straight 
on till it intersected the St. John's ; from thence it should run up the bed 
of the St. John's to the southernmost source of that river, and from that 
point it should be drawn to the head of the Connecticut river, in such 
manner as to make the northern and southern allotments of the divided 
territory as nearly as possible equal to each other in extent; the north- 
ern allotment to remain with Great Britain, the southern allotment to 
belong to the United States. 

The undersigned has the honor to renew to Mr. Forsyth the assurance 
of his most distinguished consideration. 

CHARLES BANKHEAD. 

Hon. John Forsyth, &c. 



Mr. Forsyth to Mr. Bankhead. 

Department of State, 

Washington, February 29, 1836. 

The undersigned, Secretaiy of State of the United States, has been 
instructed to reply to the note of Mr. Bankhead, his Britannic Majesty's 
charge d'affaires, of the 28th December last, on the subject of the north- 
eastern boundary of the United States. The President sees with great 
satisfaction the continued assurances of the British Government of its 
earnest desire speedily and justly to settle the matter in controversy by 
an arrangement honorable to both parties, and believes that his own con- 
ciliatory disposition will be best manifested by a direct attention to the 
points now presented by his Britannic Majesty's Government, with a view 
to some defmite understanding on the subject. 

The award of the arbitrator having been now abandoned by both par- 
ties to the arbitration, the whole sul)ject is open as if there never had 
been a submission of it. The President perceives in Mr. Bankhead's note 
no allusion to any portion of the line, except that beginning at the source 
of the St. Croix, and terminating at the head of tiie Connecticut river. Sup- 
posing that this omission to bring into view the residue of the boundary 
line between the United States and the dominions of his Britannic Ma- 
jesty has been the result of a conviction that the parties so far understood 
each other as to be satisfied that, on that i)art of the subject, a settlement 
could be made without difliculty or delay, whenever it was important to 



[ Senate Doc. No. 4M. J 253 

them to make it, the President has instructed the undersigned to confine 
himself to the points touched by Mr. Uankhead's note, with this single 
suggestion, that events ot a very grave character have lately occurred, 
which impress upon his mind a conviction that an establishment ot" that 
part of the line as to which the parties aie neai ly of accord, had better be 
made at once, unless the eflbrts now making should promise an imme- 
diate adjustment of the whole controversy. 

The President finds, with great regret, that his Britannic Majesty's 
Government adheres to its objection to the appointment of a commis- 
sion, to be chosen in either of the modes proposed in former commu- 
nications on the part of the United States. This regret is heightened by 
the conviction that the proposition upon which it is founded, "that the 
river question," as it is called, " is a question of treaty construction only," 
although repeated on various occasions by Great Britain, is demonstra- 
bly untenable. Indeed, it is plausible only when material and most im- 
portant words of description in the treaty are omitted in quoting from 
that instrument. The treaty marks the two determining points of the 
line in dispute, the source of the St. Croix, and the northwest angle of 
Nova Scotia. Is it a question of treaty construction only, where the 
northwest angle of Nova Scotia is ? A survey of Nova Scotia, as known 
at the date of the treaty of peace, necessarily establishes that point. 
Where is it to be found, according to the public acts of Great Britain.^ 
Is it to be found on a line beginning on the westernmost bend of the bay 
des Chaleurs, and thence along the highlands dividing the waters falling 
into the St. Lawrence from the waters falling into the sea? Can his 
Majesty's Government expect the Government of the United States to 
consent, before the selection of commissioners of examination and sur- 
vey, and the appointment of an umpire to decide on the contingency of 
their disagreement, that the terminating point of the line running due 
north from the source of the St. Croix is^to be alone looked for on high- 
lands which cannot be reached from the westernmost bend of the bay 
des Chaleurs but by running directly across high mountains, deep val- 
leys, and the large rivers that flow through them ? Agreement between 
the United States and Great Britain on this point is impossible, while his 
IVIajesty's Government continues to maintain this position. The Presi- 
dent, therefore, as at present informed, is under the necessity of looking 
to the new and conventional line offered in Mr. Bankhead's note. That 
equity, in disputes about territory, when both parties are satisfied of the 
justice of their respective pretensions, requires a fair division of the dis- 
puted property, is a truth the President freely admits ; but the under- 
signed is instructed to remind Mr. Bankhead of what has been heretofore 
stated, that in a conventional line the wishes and interests of the State 
of Maine were to be consulted, and that the President cannot, in juslice 
to himself or to that State, make any proposition utterly irreconcileable 
with her previously well-known opinions on the subject. Ilis Majesty's 
Government will not have forgotten that the principle of compromise and 
equitable division was adopted by the King of the Netherlands in the 
line recommended by him to the parties ; a line rejected by the United 
States, because unjust to Maine : and yet the line proposed by the King 
of the Netherlands gave to Great Britain little more than two millions, 
while the proposition now made by his Britannic Majesty's Government 



254 [ Senutc Doc. No. 41 1. ] 

secures to Great Britain, ol' the disputed land, more thin Tour millions of 
acres. The division oU'ercd by Mr. B;>nkhead's note is not in harnjony 
with the e(|uitable rule from which it is said to spring; and if it were in 
conformity witii it, could not he accepted without ilisrespect to the pre- 
vious decisions and just expectations of Maine. 'JMie President is far 
from supposing this proposition is founded upon a desiie of his Majesty's 
Government to acquire (erriloiy, or that the quantity of land secured to 
Great Britain in the proposed compronii^e was the leading motive to the 
ofler made. His Majesty's Government lias no doubt made the offer 
without regaid to the extent of the territory falling to the north or south 
of the St. John's, from a belief that a change in the character of the bound- 
ary line, substituting a river for a highland boundary, would be useful in 
preventing territorial disputes in future. Coinciding in this view of the 
subject, the President is nevertheless compelled to decline the boundary 
proposed, as inconsistent with the known wishes, rights, and decisions, of 
the State. 

With a view, however, to terminate at once all controversy, and satis- 
factorily, without regard to the extent of teriitory lost by one party or 
acquired by the other, to establish an unchangeable and definite and in- 
disputable boundary, the President will, if his Majesty's Government 
consents to it, apply to the State of Maine for its assent to make the river 
St. John's, from its source to its mouth, the boundary between Maine 
and his Britannic Majesty's dominions in that part of North America. 

The undersigned avails himself of this occasion to offer to Mr. Bank- 
head the assurances of his distinguished consideration. 

JOHN FORSYTH. 



Mr. Bankhead to Mr. Forsyth. 

Washington, March 4, 1836. 

The undersigned, his Britannic Majesty's charge d'affaires, has the 
honor to acknowledge '.he receipt of the note which Mr. Forsyth, the 
Secretary of State of the United States, addressed to him on the 29lh 
ultimo, upon tlie subject of the northeast boundary between his Majesty's 
North American possessions and the United States. 

The rejection, on the part ol the President, of the conventional line 
which the undersigned had the honor to propose in his note of the 28lh 
December, cannot but cause great regret to his Majesty's Government, 
inasmuch as it was jiroposed with a view to settle this protracted question 
of boundary, and as offer ing as fair and equal a division of the territory 
as they could possibly be required to subscribe to. 

The undersigned, however, thinks it right to refer Mr. Forsyth to that 
part of his note of the 28th December wherein the proposition of the 
J'resident for a commission of exploration and survey is fully discussed. 
It is there stated that his Majesty's (Jon erniuent could only agree to such 
a commission, jirovidcd there was a previous understanding between the 
two (Jovernmenls that, although neither should be re(piired to give up its 
own interpretation of" the ri\ er- (jucstiun " yet as the commission of sur- 
vey would be intended for purposes of conciliation, with a view to putting 
an end to discussions on controverted poi ts, the commissioners should 



[ Senate Doc. No. 414. | 255 

be instructed to search for highlands upon the cliaractcr of which no 
doubt could exist on cither side. 

It appears to the undersigned that the Secretary of State, in his answer 
of the 29th ultimo, has not given this modification, on (he part of his Ma- 
jesty's Government, of the President's proposition, the full weight to 
which it was entitled. Indeed, it was offered with the view of meeting, 
as far as practicable, the wishes of the President, and of endeavoring, by 
such a piciiminary measure, to bring about a settlement of the boundary 
upon a basis satisfactoiy to both parties. 

With this view, the undersigned has the honor again to submit to the 
Secretary of State the modified proposal of his Majesty's Clovernment, 
bearing in mind that the commissioners who may be aj)()ointed are not 
to decide upon points of difference, but are merely to present to the re- 
spective Governments the lesult of their labors, which, it is hoped and 
believed, will pave the way for an ultimate settlement of the question. 

The undersigned considers it due to the conciliatory manner in which 
the President has acted throughout this discussion, to state frankly and 
clearly, that the proposition ofiered in Mr. Forsyth's note, to make the 
river St. John's, from its source to its mouth, the boundary between the 
United States and his Majesty's Province of New Brunswick, is one to 
whicli the British Government, he is convinced, will never agree ; and 
he abstained, in his note of the 28th of December, from any allusion to it, 
as the best proof he could give of its utter inadmissibility. 

The undersigned has the honor to renew to Mr. Forsyth the assurance 
of his most distinguished consideration. 

CHARLES BANKHEAD. 

The Hon. John Forsyth, &c. 



Mr. Forsyth to Mr. Bankhead. 

Department of State, 

Washington, March 5, 1836. 

The undersigned. Secretary of State of the United States, has the hon- 
or to acknowledge the receipt of the note of jMr. Bankhead, charge d'af- 
faires of his Britannic Majesty, dated the 4th instant, in answer to that 
addressed to him by the undersigned on the 29th ultimo, upon the sub- 
ject of the northeastern boundary between the United States and his Ma- 
jesty's possessions in North America. Mr. Bankhead's communication 
having been submitted to the consideration of the President, the under- 
signed is instructed to express the regret which is felt that his proposi- 
tion to make the river St. John's the boundary between the State of 
Maine and his Majesty's Province of New Brunswick, the acceptance 
of which, it is believed, would have removed a fruitful source of vexa- 
tious difficulties, will, in the opinion of Mr. Bankhead, be declined by 
his Majesty's Government. The Government of the United States can- 
not, however, relinquish the hope tiiat this proposal, when brought be- 
fore his Majesty's cabinet, and considered with the attention and deliber- 
ation dae to its merits, as well as to the important nature of the question 



256 [ IFonsc Doc. No. 217. J 

wiili which it is connected, will be viewed in a more favorable light than 
that in which it appears to have presented itself to Mr. Bankhead. If, 
however, this expectation should be disappointed, and the river bound- 
ary be rejected, it will be necessary, before the President consents to the 
modification of his previous proposition for the appointment of a commis- 
sion of exploration and sur^•ey, to be informed more fully ol' the views of 
the British (jJovernment in oflering the modification, so that he may be 
enabled to judge how the report of the commission, (which, as now pro- 
posed to be constituted, is not to decide upon points of difference,) when 
it shall have been rendered, is likely to lead to an ultimate settlement of 
the question of boundary between the two Governments. The President 
also desires to be informed which of the modes proposed for the selection 
of commissioners is the one intended to be accepted, with the modifica- 
tion suggested by his Britannic Majesty's Government. Whenever Mr. 
Bankhead is fully instructed on these points, the undersigned is prepared, 
by the directions of the President, to make a definite reply, which will 
be dictated by a sincere desire on the part of the President to adopt any 
proposition that promises a speedy and satisfactory termination of this 
long-pending and perplexing controversy. 

The undersigned renews to Mr. Bankhead the assurance of his dis- 
tinguished consideration. 

JOHN FORSYTH. 

Charles Bankhead, Esq., &c. 



[House Doc. No. 217, 20th Congress, 1st session.] 

Message from the President of the United States, in reply to a resolu- 
tion of the House of Representatives of the 25th ultimo, requesting 
copies of instructions given by the Government of the cunjcderation 
to its mitiisters, in relation to the settlement of boundaries with 
Great Britain, S^-c. 

To the House of Representatives of the United States: 

I transmit, herewith, a report from the Secretary of State, prepared in 
comitliauce witii a resohitioii of the House of Rcpre.seritatives of the 25th 
of February last, requesting copies of instructions and correspondence re- 
lating to the settlement of the boundary line of the United States, or of 
any one of them, under the Government of the conlcderated States, and by 
the definitive treaty of peace of 3d September, 1783, with Great Britain. 

JOHN QUINCY ADAMS. 
WAsrriNGTON, March 25, 1828. 



Department of State, 

JVashington, March 22, 1828. 
The Secretary of State, to whom had been rt'ferre,d a resolution of the 
Hou.se of Representatives of the 25!h of last n onth, requesting the Presi- 
dent "to send to that House copies of the instHi?tions given by the G6v- 



[ House Doc. No. 217. ] 257 

ernment of the Confederated States to its niiiiistcrs, by whom the definitive 
treaty of peace was concluded willi lli(3 Governniont of Great Britain, so 
far as such instructions relate to the; settlement of the honndary line of the 
United States, or any one of them, and also tiie correspondence between 
said ministers with the ministers of Great Britain upon the same subject, 
or so much therefrom as will not be injurious to public service," has the 
honor to report to the President, that it does not appear from the research 
which has been made in this office, wliicli has been full and particular, 
that any instructions, other than those which are ])ublislied in the second 
and third volumes of the Secret Journals of Congress, were given to the 
ministers of the Confederated or United States, by whom the preliminary 
articles, or the definitive treaty of peace, were concluded with the Gov- 
ernment of Great Britain, in relation to the settlement of the boundary 
line of the United States, or any one of them; or that there was any cor- 
respondence, in writing, between said ministers and the ministers of Great 
Britain, upon the same subject. The Secretary begs leave, therefore, re- 
specfully to reler to the said two volimies of the Secret Journal, which 
were printed and published by authority of Congress, for the information 
recpiired by the resolution of the House, so far as they contain such infor- 
mation. 

Respectfully submitted. 

H. CLAY. 



[ House document No. 90 — 20th Congress, 2d session.] 

Message from the President of the United States, transmitting the in- 
formation required bj/ a resolution of the House of Representatives of 
the bth instant, in relation to the arrest and trial, in the British Prov- 
ince of New Brunswick, of John Baker, a citizen of the United States. 



Washington, January 21, 1829. 

To the House of Representatives of the United States : 

In compliance with two resolutions of the House of Representatives, ot 
the 5th Instant, requesting information received, not heretofore commu- 
nicated, in relation to the arrest and trial, in the British Province of New 
Brunswick, of John Baker, a citizen of the United States, and the cor- 
respondence between the Government of the United States and that ol 
Great Britain in relation to the said arrest, and to the usurpation of juris- 
diction by the British Government of New Brunswick within the limits 
of the State of Maine, I transmit a report from the Secretary of State, 
with the information and correspondence requested by the House. 

JOHN QUINCY ADAMS. 



18 



253 [ House Doc. No. 90. ] 

Dkpartment of State, 

January 20, \S29. 

h\ puisuaiice of resolutions of ihe llonsc of Representatives, of the 5lh 
instant, requesting the {'resident " to coiiHuunicate, so far as he may 
deem it consistent with the public interest, all the information received, 
not heretofore conimunipated, in relation to the seizure of John Baker, 
a citizen of the United States, within the limits of the State of Maine, 
by persons acting under color of aulhoiity from the Province of New 
Brunswick, and transporting said Bakei beyond the limits of the United 
States, and iheie imprisoning, trying, and punishing him, for an alleged 
offence against the British Government, committed within the limits and 
jurisdiction of the United States and the State of Maine ;" and also "all 
the correspondence that has passed between the Government of the 
United States and that of Great Britain in relation to the aforesaid ar- 
rest, and to the jurisdiction usurped by the authorities of the British 
Province of New Brunswick, or of the British .Government, over any 
portion of the territory within the jurisdiction of the United States, and 
within the limits of the now State of Maine, as defined by the treaty of 
peace of 1783," the Secretary of State has the honor to submit to the 
President tlie docun;ents embraced in the subjoined list, which contain 
the information and coricspondcnce requested by the resolutions. 
Respectfully submitted. 

H. CLAY. 

The Pkesidekt of the United States. 



List of Papers. 

Mr. Clay to Mr. Addington, 27th March, 1825, with G enclosures. 

Mr. Addington to Mr. Clay, 30th xMarch, 1825. 

Mr. Addington to Mr. Clay, 23d May, 1S25. 

Mr. Vaughan to Mr. Clay, 15th November, 1825, 3 enclosures. 

Mr. Clay to Mr. Vaughan, 25th November, 1825. 

Mr. Vaughan to Mr. Clay, 2d December, 1825, 3 enclosures. 

Mr. Clay to Mr. Vaughan, 18th January, 1826, 3 enclosures. 

Mr. Clay to Mr. Vaughan, 23d June, 1826, 2 enclosures. 

Mr. Vaughan to Mr. Clay, 10th January, 1827. 

Mr. Clay to Mr. \'aughan, l&th January, 1827. 

Mr. Clay to Mr. Vaughan, Mih September, 1827, 1 enclosure. 

Mr. Vaughan to Mr. Clay, 17lh September, 1827, 2 enclosures. 

Mr. Clay to Mr. N'aughan, 19th September, 1827. 

Mr. Vaughan to Mr. Clay, 26th October, 1827, 1 enclosure. 

Mr. Clay to Mr. N'aughan, 17th November, 1827, 3 enclosures. 

Mr. Vaughan to Mr. Clay, 21st November, 1827, 6 enclosures. 

Mr. Vaughan to Mr. Clay, 20th November, 1827. 

Mr. Clay to Mr. Vaughan, 20lh February, 1828. 

Mr. Vaughan to Mr. Clay, 20th February, 1828. 

Mr. Clay to Mr. Vaughan, I7lh March, 1828. 

Mr. Vaughan to Mr. Ch.y, 25th Maicli, 1828. 

Mr. Vaughan to Mr. Clay, lib June, 1*828, 2 enclosures. 



[ House Doc. No. 90. ] 259 

Mr. Clay to Mr. Lawrence, .31st iSIarch, 1828. 

Mr. Lawrei.ce to Lonl Dudley, .5ih May, 1828. 

Mr. Lawrence to Mr. Clay, 2"Gth June, 1828. 

Lord Aberdeen to Mr. Lawrence, 14th iVugust, 1828. 

Mr. Lawrence to Lord Aberdeen, 22d Augijst, 1828. 

Governor Enoch Lincoln to Mr. Clay, 23d October, 1828, 1 enclosure. 

Mr. Clay to Governor Lincoln, Gth November, 1828. 



Mr. Clay to Mr. Addington. 

Depart^fent of State, 

Washinglon, March 27, 1825. 

Sir : I have the honor to transmit to you, herewith, a report made by a 
committee of the Senate of the State of Maine, on the 18th day of Janu- 
ary last, and extracts from certain letters, marked from No. 1 to 5, inclu- 
sive, relating to encroachments by British subjects upon the territory 
of the United States. These documents show that an extensive system 
of depredation has been adopted and perseverd in, under which large 
quantities of timber iiave been cut and removed from lands within the 
limits of the State of Maine, belonging to that State, and to the State of 
Massachusetts ; that the trespassers pretend to derive authority for their 
intrusions from licenses and permits which are said to have been granted 
by the Government of the Province of New Brunswick ; that the timber 
is transported down the St. John's, and subsequently exported to the 
dominions of his Britannic Majesty ; and that schemes have been proba- 
bly formed by the colonial authorities, if they are not now in a progress 
of execution, for granting the lands within the State of Maine to British 
subjects, for the purpose of occupation and settlement. It is entirely un- 
necessary to make any observation upon the character or impropriety of 
these proceedings, which must be altogether unauthorized by the Gov- 
ernment of Great Britain. I am instructed by the President lo demand 
that immediate and efficacious measures be adopted to put a stop to them 
all ; and to communicate to you his just expectation that a full indemnity 
and reparation be made to the States of Massachusetts and Maine, for 
the value of the timber which has been cut and removed from their lands. 

I pray you, sir, to accept the assurance of my distinguished consider- 
ation. 

H. CLAY. 

Henry U. Addington, Esq., &c. 



STATE OF MAINE. 

In Senate, January 18, 1825. 

The Committee on Public Lands, to whom was referred so much of 
the Governor's rae'^sage as relates to depredations committed upon the 
public lands, have had the same under consideration, and report : That, 
from the documents accompanying the message, and other sources of in- 



J60 [ House Doc. No. 90. ] 

formation, it is evident that very great quantities of timber, upon lands 
beloniiinsj; to this State and the Commonweahh of Massachusetts, and also 
upon lands granted by that (Commonwealth, near the line heretolore 
lecii'Miiscd as (lie dividing line between the United States and the Brit- 
i>h Province ot' New Brunswick, have been cut and carried down the 
liver of St. John's by British subjects, and thence transported to Great 
Britain. 

The principal scene of these depredations is u|)on the Aroostook and 
Aliulawaska, many miles within the territory and jurisdiction of this State, 
and I'm west of the line settled by the treaty of 1783, as claimed by the 
(utvevnment of the United States. These depredations are still continued 
upon a large scale ; and the value of the timber annually taken from our 
territory is so great as to render it the duty of the Government to adopt 
some etficient measures to obtain satisfaction for the past, and to prevent 
further destruction of its property. 

But what is more interesting to this State, and to the United States, 
than the value of the timber, is the adjustment and settlement of the 
boundary line between this State and the Province of New Brunswick, 
which is the appropriate business of the National Government to effect. 

The committee are well satisfied, although they have not legal evi- 
dence of the fact, that the persons who have taken the timber, and who 
arc now employed in cutting it within the line as claimed by this State 
and the United States, are persons furnished with permits and licenses 
from the Government of the Province of New Brunswick ; that it is 
the policy of that Government, availing itself of the controversy respect- 
ing our northeastern boundary, to strengthen their claim to the disputed 
territory, by allowing the timber thereon to be cut under its authority, 
and by' placing settlers upon portions of it, to whom that Government 
prolTor very liberal encouragement. 

When it is considered that, should the pretensions of the British Gov- 
ernment, in regard to our northeastern boundary, be acceded to, this 
State will lose a quarter or a third of its territory and jurisdiction, and 
all participation in the waters of the St. John's and its important branches, 
it behooves the State, as well as the Commonwealth of Massachusetts, 
to adopt the most efficient measures to prevent further encroachments 
upon this territory, and to urge upon the National Government the ne- 
cessity and impoitance of bringing to a speedy and favorable termination 
the negotiation on this interesting subject, which has been so long pro- 
tracted. 

The territory upon which most of the depredations have been and are 
committing, is situate from sixty to one hundred miles from any settle- 
ments by our citizens, and where legal process cannot be expected to 
produce' much effect, either to obtain satisfaction for the past, or to deter 
the dcj)redators from pursuing a business which proves piofitable to them, 
and satisfactory to their employers. To authorize the en)ployment of a mil- 
itarv force to exjiel the depredators from our territory would be unavail- 
ing, unless it be continued to prevent their return to the work of de- 
struction. The expense of adopting and carrying into effect such a meas- 
ure would not only be very great, but might involve the National Gov- 
ernment, and our citizens near the line, in serious difliculties ; and it is 
questionable whether it ought to be adopted without the concurrence of 



[ House Doc. No. 90. J 261 

Massachusetts, and until the result of the pending negotiation shall I)e 
known. 

With these views of this important and highly interesting subject, your 
committee respectfully submit the accompanying resolve. 

JONAS PARLEN, Jr. 

Chairman. 



No. 1, 



Extract of a letter from Samuel Cook^ Esq. Assistant Land Agent, dated 

March 25, 1824. 
I have just returned from the Aroostook, where I found and seized 
about six hundred tons of timber, the settlers not feeling disposed to give 
their security for the same. On my way there, I met with George West, 
Esq., who informed me that he had been sent by the Governor of the 
Province of New Brunswick, up the Aroostook, and seized all the tim- 
ber, and that he should soon sell it at auction. He said that the British 
Government was going to give permits for timber to be cut up there this 
year, and intended to plant 150 settlers there, and grant them lands. 
He likewise informed me that he had been up to Madawaska, and seized 
about 2,500 tons of timber, and that his Government was going to give 
permits for cutting timber there. One thing is certain, and that is, they 
mean to get all the timber up the Aroostook, and up to Madawaska, un- 
less our Government take some measures to prevent it. 



No. 2. 



Copy of a letter from Asa Wyman^ Esq.., one of the Justices of the 

Court of Sessions, to the Governor of the State of Maine, received 

in October, \S24. 

I was at Madawaska, on the St. John's river, in July last, and learnt 
the course the Government of that Province are pursuing in regard to 
the inhabitants of that part of the settlement which falls into the United 
States, or State of Maine. They have organized them into a militia 
district, and are commanded by Colonel Peter Frazier, of Frederickton. 
The Government have also opened a land office, with officers authorized 
to give grants of lands that are fifty or sixty miles west of the original 
line. There are about three hundred lots taken up, for part of which 
sixty dollars have been paid for each grant, which amounts to the sum of 
eighteen thousand dollais. The Government also are giving permits for 
cutting timber on the same territory, and also on the Aroostook river. 
The amount cut the last season, I learnt from the best authority 1 could 
obtain, was about four or five thousand dollars. I also understood that a 
very large number of men and teams are now, and have been for three 
months past, employed in cutting timber on the waters of the St. John's, 
which are in the State of Maine. 

Being a citizen of the State, I have thought it my duty to give this 
information for your consideration. 

ASA WYMAN. 

To the Governor of the Slate of Maine. 



J62 [ House Doc. No. 90. ] 

No. 3. 

Co})\j of a letter from James Irish^ I'Jsq.^ General Land Agent for Maine^ 

to the Governor. 

Land Office, Portland, 

July 14, 1824. 

Sir : Informadoii lias been received iVoin our assistant land agents, on 
the St. John's, and on the Schoodic, that depredations have been com- 
mitted to a very considerable extent, by the British provincials, on the 
Aroostook and on the Madawaska; that a large quantity of timber was 
cut the last winter on tlie Aroostook, which was immediately seized, 
while in our territory, and conveyed to the British market, in the name 
of his Majesty; and that George West, F^sq., custom-house officer, had 
also been up to the Madawaska, and taken, in the name of his Majesty, 
a very large amount of timber. Said West informed Mr. Cook that it 
was the intention ol his Government to settle one hundred and ftfty 
families on the Aroostook this season. Mr. Cook further states, that, 
from his own knowledge, permits have been granted by the Government 
of the Province for about twenty-five thousand tons on the Aroostook, 
at the mouth of the Machias, for which fifty pounds had actually been 
paid to the British Government, exclusive of all office fees, and four 
pounds to the surveyor, 'i hey are also giving permits on the Mada- 
waska, and granting lands. Mr. Cook says, that it appears, from the 
conversation of some, that they did not expect to hold the territory, but 
are determined to destroy all the timber ; others pretend to believe they 
shall hold it, and are very abusive. Mr. Cook writes again, under a 
later date, and says, .Jeremiah Hilton has settled with the British Gov- 
ernment for his timber, and has gone to Frederickton with it. He has to 
pay two shillings per ron, and one shilling per ton, in addition, for cut- 
ting without a permit. All the rest have to pay the same. Peter Wat- 
son has got a permit for a large quantity up the Aroostook. Mr. Chand- 
ler corroborates the above statement, and expresses much anxiety ; and 
adds, if these things are permitted, it will discourage our good citizens^ 
and very much impede the progress of our settlements ; and in his opinion 
1 most heartily concur. And may it please the Governor to interfere in 
behalf of his good people. 

I am, with great respect, sir, your devoted friend and humble servant, 

JAMES IRISH, Land Agent. 

Ai.RioN K. Parris, 

Governor of the State of Maine. 



No. 4. 



Extract of a letter fiom Anson G. Chandler^ Esq., Assistant Land 
Agent, to the General Land Agent, dated 

Calais, December 25, 1824. 
By Colonel Whitney, who leaves Calais for Portland on Tuesday, 
next, if nothing happens, I shall transmit to you my account and the re- 
port concerning this branch of the agency. 



[ House Doc. No. 9o. J 263 

My principal object in addressing to you this letter is to mention 
the reports, which appear well founded, concernint;; the very great dep- 
redations which are making on the Aroostook by British subjects, under 
the authority of permits from the British Government. Boies, whom you 
saw here, though you may not recollect him, was at Frederickton three 
or four weeks since, and was told by Mr. Fitzgerald, I think, who moved 
his family to the Aroostook last September or October, that there would 
be on that river, this winter, at least one hundred six-ox teams. Further, 
he was told that the firm of Cruiekshank and Johnson, of St. John's, had 
furnished supplies for timber men, on the Aroostook, this winter, thirty 
thousand pounds' worth. Further, that he was in the surveyor general's 
office, and there were two men having permits made out for the same 
place. The depredations must be immense ; and, had not the subject 
been spoken of by you before, should feel myself obliged to repair to 
that place, though 1 confess that I know not what could be done to re- 
move them, against such a host at least. 

A more particular account might be had of them. As you had spo- 
ken of it, and left it in the manner it was, I, of course, deem it under 
your immediate control. But the land will be stripped; the Plymouth 
township and Eaton half, especially. 



No. 5. 



Copy of a letter to J. Chandler and J. Holmes^ Senators in Congressfrom 
Maine, from J. B. Quinby. 

Boston, December 4, 1824. 

Gentlemen : As the representatives in the Senate of the United 
States from the State of Maine, I beg to call your attention to some facts, 
interesting to you, your constituents, and the General Government. 

During the present year, I had occasion, at different times, to visit St. 
John's, in Nova Scotia. I found, to my great surprise, that one-half or 
more of all the timber shipped, during the present season, from that port 
to Europe, was cut and procured from American soil, according to the 
construction of our Government of the treaty of 1783, with Great 
Britain. 

A considerable portion of this timber is cut and brought to market by 
the lumber men, under licenses granted at St. John's, by order of the 
British Government. These licenses, I understood, not only extended 
to the cutting of timber, but in some measure to the right of soil, by which 
it was expected that the persons holding these grants would become iden- 
tified with the country in dispute between the two Governments, and give 
to Great Britain still stronger claims to the right of sovereignty. 1 also 
understood that the British Government, as an additional inducement to 
settlers to take out licences and locate themselves in the section of 
country in dispute, exempted, them, for a time, from taxes, and provided 
the a with implements for the woods, and some provisions and stores. 

I have taken measures to procure a statement of the above facts from 
gentlemen of St. John's, who are largely interested in the timber trade 



264 [ House Doc. No. 90. ] 

of that place, with their opinion ol the amount annually shipped from St 
John's, ami what portion so shipped is the growth of the soil of the Uni 
ted States, according to our construction of the treaty of 17b3. As sooi 
as I receive answers to nty inquiries, I shall communicate the result U 
you, at Washington. 

I am, gentlemen, with great respect, your obedient servant, 

J. B. QUINBY. 

John Holmes, Esq., ^ OJ the Senate of the 

Gen. J. Chandler, ) U. S.^ Washington. 



Mr. Addington to Mr. Clay. 

Washington, March 30, 1825 
Sir : I have had the honor to receive your letter of the 27th instant 
with its accompanying documents. I shall lose no time in transmitting 
copies of all these papers, both to his Majesty's Secretary of State, and t( 
the Governor of New Brunswick ; and I doubt not, that if, upon investi 
gation upon the part of Great J3ritain, the territory of the Uniied States 
and the rights of the States of Maine and Massachusetts, shall be founc 
to have been violated by British settlers, such measures will, without has 
itation, be taken by his Majesty's Government, as shall be equally satis 
factory to the President and the Government of the States aggrieved. 

I have the honor, sir, to renew to you the assurances of my distinguish 
ed consideration. 

H. U. ADDINGTON. 



Mr. Addington to Mr. Clay. 

Washington, May 23, 1825. 

Sir : In a letter which you did me the honor of addressing to me on the 
27th of March, you preferred a complaint against certain subjects anc 
settlers of the Province of New Brunswick, for encroachments and dep 
redations committed by them on the States of Maine and Massachusetts 
in felling and carrying off timber within the boundaries of those States 
and in the enclosures which accompanied that letter, the districts ir 
which those acts were stated to have been perpetrated were specifically 
designated ; namely : that bordering on the Aroostook river, and that at 
Madawaska. 

The whole of these papers were immediately referred by me to the 
Governor of New Brunswick, and at the same time to his Majesty's 
Government. 

From the former, 1 have recently received a reply, containing certain 
expl.niations and lemarks upon those transactions, with the substance &t 
which I think it expedient that you should at once be made acquainted. 

With respect to that part of the complaint which regards encroachments 
stated to have been made by British subjects upon the acknowledged ter-i 



[ House Doc. No. 90. ] 265 

ritery of the States above mentioned, Sir Howard Douglas assures me that 
the charge, as far as the Government of New Brunswick is concerned, is 
entirely groundless ; and that he shall not fail to use his best endeavors to 
put a stop to such practices, " in themselves so disgraceful, and so incon- 
sistent with (he duty and disposition which teach him to be vigilant in 
repressing such disorders, and maintaining that good understanding which 
so happily exists between the respective Governments and people of the 
two countries." 

With respect to the charge touching the Aroostook and Madawaska set- 
tlements, Sir Howard Douglas states that, on assuming the Government 
of New Brunswick, he found that licenses to cut timber, and other acts 
of sovereignty, had long been exercised, on the part of Great Britain, 
over certain tracts of land, in which the Aroostook and Madawaska were 
included, heretofore well understood to belong to New Brunswick, but 
subsequently claimed by the commissioners of the United States appoint- 
ed to negotiate with the British commissioners for adjusting the boundary 
line of the respective countries. To these claims, no disposition was 
ever shown, on the part of Great Britain, to accede. 

In fact, by reference to documents in the possession of the British Co- 
lonial Department, it appears that the settlement of Madawaska, in the 
province of New Brunswick, was made, under a grant from the Crown, 
upw ards of thirty years ago. So late as the year 1810, no claim had been 
advanced by the United States to that district, although the settlement 
had been established at that time upwards of twenty years, under a grant 
from the Government of New Brunswick, and had been constantly des- 
ignated " the Madawaska settlement." 

With regard to the timber cut by British subjects on the river 
Aroostook, the very circumstance of its having been seized by Mr. Por- 
ter, of the State of Maine, proves that the inhabitants of that State con- 
sider themselves as at full liberty to appropriate all the timber in that dis- 
trict to their own use. In truth, that territory is explicitly represented by 
the Senate of Maine as lying within the acknowledged boundaries of that 
State. 

Now, this is notoriously not the fact. The British Government con- 
tend that the northern boundary line of the United States, running from 
the source of the St. Croix to the highlands, is terminated at Mars Hill, 
which lies to the southward of the Aroostook. At best, therefore, the 
Aroostook territory, declared to be the undoubted property of the State of 
Maine, is but a point in abeyance. Both parties claim, and it appears 
have exercised, an equal right over it. 

Under these circumstances, the Governor of New Brunswick informs 
me that he does not consider himself at liberty to alter, in any way, the 
existing state of things, in as far as regard the districts above mentioned ; 
but he assures me that he will take especial care to keep w^ell within the 
limits of the line of duty marked out for him ; and, considering the shape 
which this question is now assuming, he will feel it imperative on him to 
apply immediately for still more precise instructions for the guidance of 
his conduct in a matter of so much delicacy. 

I have entered thus at length into this subject, not with a view to pro- 
voke discussion here, but simply with the object of showing to you that 
whatever measures it may be found expedient to take on the subject of 



266 [ House Doc. No. 90. ] 

your reprcsciitntion, cannot originate with the authorities of New Bruns- 
wick, but must be derived directly from liis Majesty's Government, un- 
der wliose view the question has aheady been placed by you. 

1 have the honor to be, with distinguished consideration, sir, your 
most obedient huinl)le servant, 

H. U. ADDINGTON. 



Mr. Vaitghan to Mr. Clay. 

Washington, November 15, 1825. 

Sir : 1 have the honor to lay bcfoie you a copy of a letter, with its en- 
closures, which I have received from Sir Howard Douglas, his Britannic 
Majesty's Lieutenant Governor of New Brunswick. 

It appears that two American citizens, representing themselves to be 
accredited agents of the Commonwealth of Massachusetts and the State 
of Maine, have circulated a notice atnongst the settlers upon the rivers 
St. John and xMadawasUa, that they were authorized to execute deeds of 
conveyance of lands in those districts; and the same persons, on their 
passage through the settlement of MadawasUa, endeavored to induce the 
men belonging to the militia not to attend the general training ; asserting 
that they could not be fined for their absence, as the territory which they 
occuj)ied belonged to the United States. 

I regret that the difference of opinion wliich has resulted from the de- 
liberations of the commissioners under the 5th article of the treaty of 
Ghent, for fixing the boundary between the possessions of his Biitannic 
Majesty and the teriitory of the United States, has not yet been adjusted ;. 
and that an opening is thereby left for complaints of the nature I am now 
called upon to re])rescnt to you. 1 am sure, however, that you will con- 
cur with me in opinion, that, so long as the question of the boundary re- 
mains in the piesent undecided state, it will be the duty of our Govern- 
ments to control, mutually, any conduct, on the part of their respective 
subjects, which is calculated to produce disunion and disagreement. 

I trust, therefore, that the conduct of the individuals, which I have 
thought it my duty to bring before you, will meet with the disapprobation 
and discountenance of the Government of the 4Jnited States. 

I have the honor to request, sir, that you will accept the assurances of 
my highest consideration. 

CHARLES R. VAUGHAN. 

Tlie lion. Henry Ci.ay,&c. 



Frederickton, New Brunswick, 

October 24, 1825. 

Sir : I have the honor to transmit to your excellency coj)ies of two pa- 
pers, communicated to me (lom Peter Fra/.er, Fsq., one of the magis- 
trates, and commandant of a battalion of militia, in the county of York, 
in this Province, stating the conduct of two American subjects, who have 
represented themselves as accredited agents of the Commonwealth of 
Massachusetts and State of Maine. 



[ lloiiso Doc. No. 9U. J 



ii / 



I submit to your excellency's considoiation the propriety of makinji a 
representation to the American Coveriinient, and deniandino; that an im- 
mediate stop be put to practices which have such a marked tendency to 
sow dissension and insubordination in settlements lon<i since established 
by grant from his Majesty, and considered as subject lo the British Crown ; 
and which, if persisted in, may lead to serious consequences, which it will 
not be in my power to prevent. 

I have the honor, &c. 

HOWARD DOUGLAS. 

The Rt. Hon. Charles R. Vaugh.vn, &c. 



Madawaska, October 8, 1825. 

Sir : On the 2d instant, two Americans passed through here to Ba- 
ker's, at the head of the settlement on the St. John's river. They are 
land agents from the Commonwealth of Massachusetts and the State of 
Maine. They returned on Tuesday ; and, on their way down, oflered 
money to the militiamen not to appear at the general training on that day, 
and said to them that this part of the country belonged to them : we could 
not fine them for non-attendance. They also left at Captain Firman 
Thibideau's, on the same day, the enclosed paper, for him to make pub- 
lic in the settlemePit, which you will be pleased to lay before his excel- 
lency the Governor. 

These Americans came and returned so rapidly that I had it not in 
my power to see them personally ; for if I had received the enclosed pa- 
pers, and the information of their having offered money to prevent the 
men from attending the training, before their departure from here, I would 
have considered it my duty to have sent them down prisoners to Freder- 
ickton. 

I have the honor, &c. 

JS. FRASER, 
Major Com. 4th battalion Y. C. militia. 

The Hon. Lt. Col. George Shore, 

Adjutant General Y. C. militia. 



We, the subscribers, land agents for the Commonwealth of Massachu- 
setts and State of Maine, hereby give notice that we are authorized and 
directed by the Legislatures of said Commonwealth and State, to make 
and execute good and sufficient deeds, conveying to each settler on the 
St. John's and Madawaska rivers, now in actual possession, their heirs or 
assigns, one hundred acres each of the land by them possessed, to include 
their improvements on their respective lots, they paying (o the under- 
signed, for the use of said Commonwealth and State, ten dollars each, 
and the expense of surveying the same. 

Those persons desirous of availing themselves of the above advantage 
may obtain the same by applying to Samuel Cook, Esq., of Houlton plan 



268 [ House Doc. No. 90. ] 

tation, who will he authorized to survey the same ; and deeds will be ex- 
ecuted conformably to said Cook's survey, whenever the same is made, 
and plans returned to us. 

GEORGE VV. COFFIN, 
JAMES IRISH. 
Madawaska, October 3, 1825. 



Mr. Clay to Mr. Vaughan. 

Department of State, 

November 25, 1825. 

Sir : I have the honor to acknowledge the receipt of your note of the 
loth current, transmitting a copy of a letter, with its enclosures, received 
by you from the Lieutenant Governor of New Brunswick. These pa- 
pers relate to certain proceedings of persons, presumed to be the agents 
of the States of Massachusetts and Maine, in respect to settlers and set- 
tlements formed or forming on the rivers St. John's and Madawaska, 
-which the Lieutenant Governor supposes to be prejudicial to the rights 
and interests of Great Britain. Having no information whatever of the 
particular circumstances detailed in the papers which you have transmit- 
ted, other than that which is derived from a perusal of them, I have 
caused the necessary inquiries to be made ; and as soon as I shall be put 
in possession of the requisite information, to which they will lead, I will 
be able to give what I hope may prove to be satisfactory explanations of 
the transactions to which the Lieutenant Governor refers. 

In the mean time, I pray you to accept assurances of my distinguished 
consideration. 

H. CLAY. 

The Rt Hon. C. R. Vaughan, &c. 



Mr. Vaughan to Mr. Clajj. 

Washington, December 2, 1825. 

Sir : I had the honor of calling your attention, in a note dated 15th 
November, to the conduct of two American citizens in the British settle- 
ment of Madawaska, who called themselves land agents in the employ- 
ment ol the Stales of Maine and Massachusetts. J have since received 
several documents lelative to this business, from his Majesty's Lieuten- 
ant Governor, Sir Howard Douglas ; and I think it right to select from 
them, and lay before you, copies of two grants of lands made by these 
commissioners in the British settlement of Madawaska, and of their in- 
structions respe(;ting the cutting down and seizure of timber. 

The grants «>( land, it is stat(;d,-,have been made in virtue of certain 
resolutions of the Legislatincs of Maine and Massachusetts, of the date 
of February and June of the present year. 

Aa I find that the conduct of the abovcmenlioned agents has excited 



I House Doc. No. 90. | 269 

great attention and alarm in the British settlements, I have the honor, 
upon submitting the enclosed additional papers to your consideration, to 
repeat my request that this conduct may be disavowed and discounte- 
nanced by the (lovernment of the United States. 

I have the honor to request, sir, that you will accept the assurances of 
my highest consideration. 

CHAS. R. VAUGHAN. 
The Hon. Henrv Clay, &c. 



Know all men by these presents, that we, George W. CoflQn, agent for 
the Commonw ealth of Massachusetts, and James Irish, agent for the State 
of Maine, upon the subject of the public lands in the said State, by virtue 
of powers vested in us by resolves of the said Commonwealth, dated the 
11th of June, 1825, and by resolvesof the said State, dated 26th Feb- 
ruary, 1825, and in consideration of the sum of ten dollars to us paid by 
John Baker, of a plantation called and known by the name of Madawas- 
ka settlement, in the county of Penobscot, and State aforesaid, situate upon 
the river St. John, yeoman, for the use of the said Commonwealth and 
State, the receipt whereof we do hereby acknowledge, do, by these pres- 
ents, in behalf of the Commonwealth and State aforesaid, give, grant, 
bargain, sell, and convey, to the said John Baker, his heirs and assigns, 
forever, the following parcel of land, viz : beginning at Maryumticook 
stream or point, on the St. John's river; thence, running west by said 
river, sixty-three rods, to a stone marked No. 1, southwest; thence, 
north, three hundred and twenty rods ; thence, east, fifty rods ; thence, 
south, three hundred and eleven rods and one-half a rod, to a stake stand- 
ing on south side of said stream ; thence, by said stream, south thirty- 
eight and a half degrees east, fifteen rods and seventeen links, to the 
bounds first mentioned ; containing one hundred acres, be the same more 
or less : To have and to hold the same, with all the privileges and appur- 
tenances thereof to the said John Baker, his heirs and assigns, to his and 
their use and behoof forever. 

In testimony whereof, we, the said agents, in behalf of the said Com- 
monwealth and State, have hereunto subscribed our names, and affixed 
our seals, this third day of October, 1825. 

GEORGE W. COFFIN, [l. s.] 
JAMES IRISH, [l. s.] 

Signed, sealed, and delivered, in presence of us, 
Walter Powers, 
Hiram Baker. 

I certify the above to be a true copy. 

GEORGE MOREHOUSE, 

Magistral ef 01' York county. 



Know all men by these presents, that we, George W. Coffin, agent for 
the Commonwealth of Massachusetts, and James Irish, agent for the 
State of Maine, upon the subject of the public lands in the said State, by 



270 [ House Doc. No. 90. ] 

virtuo of powers vested in us by resolves of the said Conimon wealth, 
dated the eleventh day oT June, 1825, and by resolves of the said State, 
dated Zdlh February, 1825, and in consideration of the sum of ten dol- 
lars to us paid by James Bacon, of a plantation called and known by the 
name of the Madawaska settlement, in the county of Penobscot, and 
State aforesaid, situate upon the river St. John, yeoman, for the use of 
the said Commonwealth and State, the receipt whereof we do hereby 
at'kiunvledge, do, by these presents, in behalf of the Commonwealth and 
State aforesaid, give, grant, bargain, sell, and convey, to the said James 
Bacon, his heirs and assigns, forever, the following |)arcel of land, viz : 
beginning at a cedar tree on the east side of the Maiyumticook stream, 
near the bank of St. John's river, thence, north forty degrees west, by 
said stream, twenty-five lods, to the east line of lot No. 1, conveyed to 
John Baker; thence, noith, on said east line of said lot No. 1, three hun- 
dretl and tlnee rods, to the northeast corner of the said Baker's lot ; thence, 
east, filty-two rods ; thence, south, thiee hundred and twenty rods, to an 
elm tree standing near the bank of the St. John's river, marked as fol- 
lows : I 1 A, October 4th, 1825, G. W. C. No. 2; thence, fifty-two rods, 
by said river, to said cedar tree, marked I I A No. 2, being tlie first-men- 
tioned bounds; containing one hundred acres, be the same more or less: 
To have and to hold the same, with all the privileges and appurtenances 
thereof, to the said James Bacon, his heirs and assigns, to his and their 
use and behoof foi ever. 

In testimony whereof, we, the said agents, in behalf of the said Com- 
monwealth and State, have hereunto subscribed our names, and affixed 
our seals, this Iburth day of October, 1825. 

GEORGE W. COFFIN, [l. s.] 
JAMES IRISH, [l. s.] 

Signed, sealed, and delivered, in presence of us, 
Walter Powers, 
Owen Fitzgerald. 

1 certify the above to be a true copy. 

GEORGE MOREHOUSE, 

Magistrate for York county. 



October 10, 1825. 
To Mr. James Bacon : 

Sir : We hereby authorize and direct you to ascertain the amount of 
timber that may be cut the approaching season upon the St. John's river, 
and upon the several streams and rivers emptying into the St. John's 
river above the Giand Falls ; and where the permits have been granted by 
us, settle with the holdeis of said permits, confoiniably to the conditions 
thereof. 

But where any pcisons have presumed to cut without our permission, 
or permission obtained from you upon the same terms, (a copy of one 
of said permits is here enclosed,) you will retjuire such persons to pay 
fifty cents per ton for timber, and one dollar and twenty-five cents per 
thousand for boards ; or, on refusing to pay as aforesaid, seize the logs and 
timber, and sell the same at j)ublic auction, for the benefit of said Com- 



[ House Doc. No. 90. ] 27 I 

monvvcalth and Sti\te ; fust givini:; thirty days' public notice of tlio time 
and place of sale, by posting the advertisements at one or more public 
places within your district. 

GEOIUJIO COFFIN, 
Land Agent for Commonwealth of Massachusetts. 
JAMKS IRISH, 
Land Agent for State of Maine. 

] certify the above to be a true copy. 

GEORGE MOREHOUSE, 

Magistrate for York county. 



Mr. Clay to Mr. Vaughan. 

Department of State, 

January 18, 1826. 
Sir : In consequence of the letter which you did me the honor to ad- 
dress to me on the 15th November last, 1 instituted a correspondence 
with the Goveinors of the States of JNlassachusetts and Maine, to ascer- 
tain on what foundation the representations of Sir Howard Douglas rest- 
ed. I have received letters from them both ; but I consider it necessary 
only to transmit to you a copy of that fiora the Governor of Massachusetts, 
under date the 6th day of December, 1825, a copy of mine of the 15th 
of the same month, which is the same in substance as one I addressed at 
the same time to the Governor of Maine, and a copy of a letter from the 
Governor of Massachusetts of the 22d day of December. 

It appears that the measures adopteti by those two States, to which Sir 
Howard refers, were altogether precautionary, and occasioned by previ- 
ous acts of asserted authority over the disputed territory ; which, if un- 
opposed by countervailing acts, might have been relied on, at some fu- 
ture day, as strengthening the British and weakening the American claim. 
The cause having been withdrawn, its consequence will no longer exist ; 
and you will accordingly observe that I have, by the direction of the 
President, inculcated a spirit of forbearance and moderation on our side, 
which we hope will be hereafter practised on yours. Both (Governments 
should derive, from the existence of those mutual complaints, a new pio- 
tive for guarding, in future, against their recurrence, which can be effect- 
ually done only by a settlement oi the question of boundary, out of which 
they arise. 

I pray you to accept assurances of my distinguished consideration. 

H. CLAY. 
Right Hon. C. R. Vaughan, 

Envoy Extraordinary and Jlinister 

Plenipotentiary from Great Britain. 



Worcester, Massachusetts, 

Deoember 6, 1825. 
Sir : I have the honor to reply to your note of the 25th ultimo, that I 
have no other information of the conduct of the persons referred to in the 
communications made to you by the British minister, than is contained in 



272 I House Doc. No. 90. ] 

an oflicial report to me by Georiie W. Cottiti, Esquire, land agent of this 
Coniinonwealtl), a copy ol' whidi I had the honor, a lew days since, to 
transmit to the President of the United States. For several years past 
depredations of valuable timber, frojn the unsettled lands belonging to 
Massachusetts and Maine, within tlie jurisdictional limits of the latter 
State, have been committed, to a ruinttus extent, partly by persons claim- 
ing to act under permits issued from the surveyor general's office of the 
PiDvince of New Brunswick, and partly by lawless individuals, without 
pretence of authority ; but who, from their transient residence and the 
facility of their disguises, could easily elude detection and lesponsibility. 
To ascertain the precise character of the mischiefs thus perpetrated, and 
how far these acts of wrong had been sanctioned by officers of Govern- 
ment in the neigf.boiing Province, and, as far- as possible, by public no- 
tice and a manifest assertion of tlie right which this Commonwealth and 
the State of Maine have to the property, to protect the lands from further 
injury, the Legislature of the Commonwealth, by resolves of the 16th of 
February and the llth of June last, directed the land agent, in conjunc- 
tion with the land agent of Maine, " forthwith to take effectual meas- 
ures to ascertain the extent of the depredations Cv)mmitted on the lands 
belonging to this Commonwealth a«d tlie State of Maine, by whom the 
same have been committed, and under'what authority, if any, such depre- 
dations have been made, and all other facts necessary to bring the offend- 
ers Injustice ; also, to make and execute good and sufficient deeds, con- 
veying to the settlers on the undivided public lands on the St. John's and 
Madawaska rivers, in actual possession as aforesaid, their heirs or as- 
signs, one hundred acres each of the land b}- tl^em possessed, to include 
their improvements, on their paying to said agents, for the use of the 
Commonwealth, five dollars each, und the expense of sur veying the same ; 
and also to sell the timber on such of the undivided public lands as lie 
contiguous to and near- to the waters of the river St. John's, in all cases 
where such sale will, in the opinion of the land agent, promote the in- 
terests of this Commonwealth." 

No other instructiorts than are contained in the resolves before referred 
to have been given to the agent of this Commonv.ealth ; and unless he 
has transcended his authority, in which he could not be justified, but 
which, from his known character for intelligence and discretion, 1 should 
be reluctant to believe, the British Government can have no just cause of 
corrrplaint against his proceedings. Indeed, the object of the Legislature 
of Massachusetts was, in a great degree, precautionary. AVhile persons, 
assuming to act under' permits obtained from officers of his ^Iajesly's 
Provincial Government, were justifying the destruction and appropriation 
to their own use of our valuable timber, and under deeds from like au- 
thority were claiming title to the soil itself, it was fit to adrrronish them of 
their error, and at the same time to seek for evidence by which a re- 
monstrance against these injuries might be effectually addressed to the 
parent Government. It was justifialjle for us still further, under these 
circumstances, by the execution of deeds and the sale of timber on our 
part, to assert a possessory right to property of which we claim to have 
an incontrovertible legal title. Nothing could be more remote from the 
intention of the Legislature of Massachusetts than to authorize acts of 
aggression upon the territory or subjects of his Majesty's Province, or 



[ House Doc. No. 90. ] 273 

to give just cause of offence to liis Government ; and I trust that, upon 
better information of the character of tlie measures of our agents, they 
will cease to be regarded by that Government in an unfriendly light. 

Permit me, sir, to urge the occurrence of the present misunderstanding 
as an additional motive for pressing to obtain a speedy establishment of 
the true line of division between the Biitish Piovinces and the United 
States, upon our northeastern boundaiy. Tiie delay which has already 
taken place in the settlement of this question has been of the most serious 
prejudice to the interest of the States of Massachusetts and Maine ; for 
whatever may be their rights of property, the persislance of the British 
Government to claim the territory to an undefined extent cannot but dis- 
courage the purchase and settlement of the lands by men who would 
value most to retain the character and privileges of American citizens. 

I beg to avail myself of this opportunity to offer the assurances of my 
entire esteem and most respectful consideration. 

LEVI LINCOLN. 

To the Hon. Henry Clay, 

Secretary of State of the United States. 



Department of State, 

Washington^ December 15, 1825. 

Sir : I have the honor, by the direction of the President, to acknowl- 
edge the receipt of your letter, addressed to him on the 26th ultimo, 
transmitting a copy of the report of the land agent of the Commonwealth 
of Massachusetts, and to assure you of the anxious desire of the Govern- 
ment of the United States to make a satisfactory arrangement with that 
.of Great Biitain, of our northeastern boundary. No time will be un- 
necessaiily lost in bringing the negotiation to a final conclusion. In the 
mean time, it is desirable that each party, governed by a spirit of mode- 
ration, should refrain from the adoption of any measures which may tend 
to give just inquietude to the other. It would, peihaps, be best for nei- 
ther to do any act which would change the state of the question, as it 
existed when the commission under the treaty of Ghent was constituted. 
If one attempt to strengthen his pretensions by the exercise of acts of 
sovereignty or ownership over parts of the disputed territory, which 
were then waste and uninhabited, the other will resort to the same ex- 
pedient, and the collisions which would inevitably follow would place 
both parties in a state less propitious to an amicable settlement of the 
difference. It was under this view of the propriety of mutual forbear- 
ance, that, when, in the course of last spring, statements were received 
at this Department of depredations committed, under color of British 
authority, within the limits of the State of Maine, as claimed by us, I 
addressed a note to the British charge d'affaires near this Government, 
remonstrating against those depredations. It appears from the above 
report of your commissioner, and from other sources of information, that 
our remonstrance has had the desired effect ; that the (ioveincr of the 
adjoining British Province has been directed by proper authority to d s- 
continue granting licenses to cut timber ; and that lie has accordingly dis- 
19 



274 [ House Doc. No. 9o. J 

continued. The President wishes that this conciliatory course on the 
part of Cicat Britain should be reciprocated by us; and 1 am, therefore, 
directed bv him respectfully to suggest to your excellency the propriety 
of its being observed I)y the Government of Massachusetts. 

I seize the occasion to renew to your excellency assurances of my 
respectful consideration. 

II. CLAY. 
His Excellency Levi Lincoln, 

Governor of Massachusetts. 



Executive Department of Massachusetts, 

Worcester, Massachusetts, December 22, 1825. 

Sir : I have the honor to acknowledge the receipt of your letter of 
the loth instant. My reply, under date of the 6th of December, to your 
former communication, has, I trust, satisfactorily explained the occasion 
and character of tlic measures which had been aulhoiized by the Gov- 
ernment of Massachusetts for the protection of the property of this Com- 
monwealth within the limits ol the State of Maine. The early reas- 
s'^mbling of the Legislature will enable me to bring the subject again 
very immediately under their consideration. In the mean time, you 
A\ ill please to assure the President that no steps aie in contemplation 
which can, in any degree, tend to produce further excitement on the 
part of the British in the neighborhood of the lands, or to embarrass the 
Government of the United States in their endeavors to obtain a satisfac- 
tory arrangement with that of Great Britain in the establishment of the 
true line of our northeastern boundary. 

It is gratifying to know that this subject, of such peculiar importance 
to the interests of this Commonwealth and the State of Maine, has already 
received so much of attention from the National Executive. 

I have the honor to be, sir, with sentiments of most respectful con- 
sideration, your obedient servant, 

LEVI LINCOLN. 

To the Hon. Henry Clay, 

Secretary of Slate of the United States. 



Mr. Clay to Mr. Vaughan. 

Department of State, 

Washington, June 23, 1826. 

The Secretary of State presents his respects to Mr. Vaughan, and he 
has the honor to transmit to him, herewith, a copy of a letter from the 
Governor of the State of Massachusetts to the President of the United 
States, communicating a lesolution of the Legislature of that State, in 
regard to the boundary line l)etween the Province of New Brunswick 
and the territories of the United States, in which Mr. Vaughan will 



[ House Doc. ^o. 90. J 275 

recognise a strong proof of the disposition of that State to contribute to 
the harmony and friendly relations which are happily now subsisting 
betAveen Great Britain and the United States. 



Executive Department of Massachusetts, 

Boston, June 20, 1826. 

Sir : The accompanying resolve of the Legislature of this Comraon- 
"vvealtb, which I hasten to communicate for your notice, will apprize you 
of the respectful regard which has been paid to the suggestions of the Ex- 
ecutive of the United Slates, upon the subject to which it refers. 

With renewed assurances of the most entire respect and faithful con- 
sideration. 

Your obedient servant, 

LEVI LINCOLN. 
To his Excellency the President 

of the United States. 



Commonwealth of Massachusetts, 

June 19, 1826. 

The Committee of both Houses on Public Lands have had the subject 
of eastern lands under consideration, and ask leave to make the follow- 
ing report, which is respectfully submitted. 

Per order: JONAS SIBLEY, Chairman. 

From the friendly disposition of late manifested by the Government of 
Great Britain, in rela-tion to the subject of the boundary line between 
the United States and the Province of New Brunswick, and from an ex- 
pectation that an early adjustment will take place, 

Resolved, That the operation of the provisions in the resolves of the 
16th day of February and the 11th day of June, 1825, which authorize 
the conveyance of the undivided lands on the St. John's and Madawas- 
ka rivers to the settlers in actual possession, and the sales of timber on 
such of the undivided public lands as lie contiguous to and near the 
waters of the St. John's, be suspended until the further order of the 
General Court. 

In Senate, June 19, 1826. — Read and passed. Sent down for concur- 
rence. 

JOHN MILLS, President. 

House oj Represejitatives, June 19, 1826. — Read and passed in con- 
currence. 

VVM. C. JAR VIS, Speaker. 
A true copy. 

Attest: EDWARD D. BANGS, Secretary. 



276 I House Doc. No. 90. J 

Mr. Vaughan to Mr. (lai). 

Washington, January 16, 1827. 

Sir : About the latter end of the year 1825, and about the beginning 
of the last year, a correspondence took place between us relative to en- 
croachments of persons calling themselves agents from the States of 
Maine and Massachusetts, in the teriitory in dispute between his Majes- 
ty's t;o\crnment and that of the United States, in consequence of the 
unsettled state of the northeastern line of boundary under the treaty of 
Ghent. 

The representation which 1 had then the honor to make was promptly 
answered by the Government of the United States. An inquiry into the 
circumstances of the encroachments complained of took place, and a 
spirit of forbearance and moderation was inculcated by the directions of 
the President, which induced me to hope that 1 should not have occa- 
sion to recur again to a representation of a similar nature. 

I have received, however, a letter from Sir Howard Douglas, his lifa- 
jesty's Lieutenant Governor of New Brunswisk, acquainting me with 
some further proceedings of persons calling themselves land agents and 
surveyors, acting under the authority of the Governments of the States 
of Maine and .Massachusetts, in surveying and laying out townships in 
the disj)uted territory in question. 

The particular acts which have excited uneasiness in the Government 
of New Biunswick are, the laying out of land into townships, and mark- 
ing out roads, within a territory the assignment of which is not yet made 
to either of the parties to the treaty of Ghent. 

My former representation was met by you in so conciliatory a spirit, 
that I am encouraged to hope that the intervention of the Government 
of the United States will be effectually exerted to induce the Govern- 
ments of the States of Maine and Massachusetts to abstain from measures 
which can be construed into a premature exercise of authority in a dis- 
puted territory, and which may lead to collision of a most disagreeable 
natuie between the settlers in that teiritory. 

1 think it advisable to make you acquainted, without delay, with the 
coin|)laint which I have received from the Lieutenant Governoi" of New 
Brunswick, ^\hom, I beg leave to assure you, cautiously abstains, on his 
part, from exercising any authority in the disputed tcnitory which could 
invite an incioachment as a measure of retaliation. 

I have the honor to request that you will accept the assurances of my 
distinguished consideration. 

CHARLES R. VAUGHAN. 

Tiie Hon. IIknuy Clay, &c. 



Mr. Clay to Mr. Vavghan. 

Dei'art.mknt of State, 

Washington., January 18, 1827. 
Sir : I have the honor to acknowledge the receipt of your note of the 
IGth instant, stating, upon the representations of Sir Howard Douglas, 
his Britannic Majesty's Lieutenant Governor of New Brunswick, that 



[ Hou^c Doc. No. 90. ] 277 

the agents and surveyors of (he States of Maine and Massachusetts are 
proceeding to lay out townships and o|)en roads in the territory which is 
mutually claimed by the Governments of the United States and Great 
Britain, bordering on that Province, and lequcsting the interposition of 
the Government of the United States to induce tiie States of Massachu- 
setts and Maine to abstain from measures which would amount to a j)re- 
mature exercise of authority in the disputed tenitory. 

No information has reached this Department of the acts complained of 
by Sir Howard Douglas, other than that which is contained in your note. 
But, as the President's view's and wishes remain the same as were com- 
municated to you in the correspondence to which you refer, I shall lose 
no time, by his directions, in transmitting copies of your note to the Gov- 
ernors of the States of Massachusetts and Maine, and requesting them, 
respectively, to continue, until the question is settled, to practise that 
system of forbearance and modeiation which it appears to the President 
to be expedient for both Governments to observe. 

I pray you to accept the assurance of my distinguished consideration. 

II. CLAY. 

Rt. Hon. C. R. Vaughan, E. E. and M. P. from G. B. 



Mr. Clay to Mr. Vaughan. 

Department of State, 

Washington, September 14, 1827. 

Sir : 1 have the honor to transmit to you, herewith, an extract from a 
letter, under date the 3d instant, addressed by his excellency Enoch 
Lincoln, Governor of the State of Maine, to me, to which I invite your 
particular attention. It is alleged in that extract that, under the authori- 
ty of the Government of New Brunswick, measures have been adopted, 
and acts performed, within the territory respectively claimed by the 
United States and Great Britain, inconsistent with that mutual forbear- 
ance which it has been understood, in the correspondence on this sub- 
ject which has passed between us, would be inculcated and practised on 
both sides. Assuming the statements oi Governor Lincoln to be cor- 
rect, as I presume they are, a confident reliance is placed in the Gov- 
ernment of his Britannic Majesty to cause an immediate correction of 
the irregular proceedings of which complaint is made. 

I request you to accept assurances of my high consideration. 

H. CLAY 

Rt. Hon. C. R. Vaughan, E. E. and M. P. from G. B. 



Extract of a letter from Governor Lincoln to Mr. Clay, dated Septem- 
ber 3, 1827. 

Since I had the honor of addressing you on the subject of the north- 
eastern boundary of this State, facts have been placed within my knowl- 
edge, which, more imperatively than any other, urge me to solicit the 



-278 [ House Doc. No. 90. ] 

attention of tlic President to the situation in which we are placed. It is 
now rendered evident that the representation made to you, and commu- 
nicated in your letter of the 27th of March hist, that the British Govern- 
ment has abstained from the performance of any new acts which might 
be construed into an exercise of the rights of sovereignty or soil over 
the disputed territory, was entirely incorrect. That representation, con- 
nected with the recommendation of the President, has undoubtedly had 
much inlluence with Maine in producing a forbearance which willprob- 
ably he objected against her in comparison with the opposite course by 
Great Britain, as containing an implied acknowledgment of the rightful- 
ness of the jurisdiction which has been exercised for years by a foreign 
Power, in the manner and to an extent nhich 1 beg leave now to ex- 
hibit, as presented to me by credible testimony. 

Along the St. John's river, following it up westwardly from the junc- 
tion of the Madawaska, is a very nourishing settlement, containing a 
considerable number of peaceably disposed and industrious inhabitants. 
Amons these is a proportion of American emigrants, some of whom hold 
their land under deeds from Massachusetts and Maine ; and the others, 
or nearly all of them, are anxious to obtain titles in the same way. The 
latter at present occupy as tenants at suHerance, and neither recognise 
the lands as being Crown lands, nor do they voluntarily submit to British 
authority. These persons the Government of New Brunswick treats, in 
all respects, as aliens, denies them their right to hold real estate, assesses 
upon them the alien tax, and refuses to permit to them the transmission 
of their produce as American. I forbear to speak of many acts of vio- 
lence and petty vexation of which they also complain. The other in- 
habitants are uniformly treated as British subjects ; and new acts of ju- 
risdiction, even to the requirement of n)ilitary duty, are as frequently 
exercised as the ordinary operations of a municipal control require. 



Mr. Vaughan to Mr. Clay. 

Washington, September 17, 1827. 

The undersigned, his Britannic Majesty's envoy extraordinary and 
minister plenipotentiary, has the honor to acknowledge the receipt of 
Mr. Clay's note of the 14th instant, communicating a representation 
naade to the Government of the United States by his oxcellency Enoch 
Lincoln, (Jovcrnor of the State of Maine, respecting certain acts of the 
Government of New Brunswick, which are considered as an undue ex- 
ercise of jurisdiction in a settlement upon the river St. John's, within 
the territory in disjjute between (ireat Britain and the United States. 

ft appears from Governor Lincoln's statement, that the settlement in 
(juestion is a British settlement upon the river St. Jolm's, westward of 
the Madawaska, and that it is composed of the families of the original 
settlers, and of emigrants frniy the Ignited Slates. 'IMie inhabitants of 
the latter descr ij)tion, it is stated, are considered by the Government of 
New Brunswick as aliens, and they are therefore not entitled to hold 
real estate, are assessed to pay an alien tax, and cannot transmit the pro- 
duce of their land as Americans. Some of these emigrants, the Gov- 



[ House Doc. No. 90. ] 27 9 

ernor obsei\cs, hold land under deeds from tlic States of Maine and 
Massachusetts. 

The undersigned begs leave to remind Mr. Clay, that, mi the months 
of November and December, 1825, and again in the n)onth of January, 
1827, ho had occasion to remonstrate against the conduct of persons call- 
ing themselves agents accredited by the States of Maine and Massachu- 
setts, for offering to sale in the British settlements upon the Madawaska 
river grants of lands, and for surveying and laying out new settlements 
in that direction, within the territory in dispute between Great Britain 
and the United States. 

Ever since the Province of New Brunswick was established, in the 
year 1784, the territory in disjiute has always been considered as form- 
ing a part of it ; and previously to that period, it was laid down as form- 
ing part of the Province of Nova Scotia, in a map published by the Board 
of Trade in 1755. The rights of sovereignty have, in consequence, 
been exercised by the British Government, and the undersigned must 
protest against the validity of any title to the lands in the ancient British 
settlements, granted by the States of Maine and Massachusetts, until a 
change in the right of possession shall have been effected in consequence 
of the 5th article of the treaty of Ghent. 

According to the statement of Governor Lincoln, the inhabitants of 
the settlement in question upon the St. John's river, westward of the 
Madawaska, who are not emigrants from the United States, are treated 
by the Government of New Brunswick as British subjects ; and it is ob- 
served that they are called upon to perform military service, an act of 
jurisdiction which may be made to imply a "■rightfulness^^ of that juris- 
diction. 

The undersigned is persuaded that no act of jurisdiction, exercised in 
the settlements made by Great Britain, and still in her possession, though 
that possession may be disputed, can influence, in any shape, the decision 
of the question of boundary under tha treaty of Ghent. 

The undersigned will transmit a copy of Mr. Clay's note, containing 
the representation of Governor Lincoln to his Majesty's Lieutenant Gov- 
ernor of New Brunswick, whose wish and whose duty it has always been 
to avoid giving the slightest uneasiness to the Government of the United 
States, on the territory which has, unfortunately, remained so long in 
dispute between the two Governments. 

No attempt has ever been made to form new settlements, and the Lieu- 
tenant Governor has abstained from exercising any authority over the 
unoccupied parts of the disputed territory, excepting for the purpose of 
preserving it in its present state. In proof of the friendly disposition 
which animates him, the undersigned has the honor to enclose a copy of 
a letter which Sir Howard Douglas addressed in the month of March 
last to the magistrates residing in the neighborhood of the disputed, terri- 
tory, and a copy of a letter dated the ISlh of April, in which his excel- 
lency informs the undersigned that he had directed the Attorney General 
of New Brunswick to prosecute some British subjects who had cut down 
timber upon the St. John's river. 

The undersigned begs leave to assure Mr. Clay that he will submit to 
his Majesty's Government a copy of his note ; and he cannot help ex- 
pressing an anxious wish that the negotiations which are now going on 



280 [ House Doc. No. 90. J 

in London may Inially terminate the (juestion of boundary between New 
Hruiiswick and tlie territory of the United States, and put an end to the 
coUij^ion of authority lor the future in tlie territory which is now in 
dispute. 

Tlie undersigned avails himself of this occasion to renew to Mr. Clay 
the assurances of his distinguished consideration. 

CHAS. K. VAUGHAN. 

Hon. Hknrv Clay, &c. 



Copy of a circular to the Magistrates in the upper part of the county of 
York, respecting the disputed territory. 

Secretary's Office, 

Frederickton, March 9, 1827. 

Sir: Satisfactory assurances having been conveyed to his Majesty's 
Government of the earnest wish of the Government of the United States 
to reciprocate the conciliatory disposition shown in regard to the di'^;^u- 
ted territory at the upper part of the river St. John, it is most desirable, 
until the (juestion relating thcteto shall be finally settled, that no new 
settlements shall be made, or any timber or other trees felled, in the 
wilderness part of that territory, nor any. act done which may change the 
.state of the question as it existed when the treaty of Ghent was executed. 

I am therefore commanded by his excellency the Lieutenant Govern- 
or to desire that you will be vigilant, and use your utmost diligence to 
discover any attempt which may be made by any of his INLijesty's sub- 
jects to intrude upon that territory with a view to make settlements or 
to procure timber; and to make immediate representation thereof to his 
ISLnjesty's Attorney General, that legal steps may be taken to punish such 
intiudeis and trespassers ; and should you discover similar attempts to be 
made by any other person, whether unauthorized or appearing to' act 
under color of authority, that you will use your best endeavors to ascer- 
tain the names of such persons, and report the same to me, with aflidavits 
to estabiish the facts, for his excellency's consideration. 

1 have, &c. 

VV. F. ODELL. 



S^r JImvard Douglas to Mr. Vaughan. 

Frkderickto.v, April 13, 1S27. 

Sir: In my letter of the 20th ultimo, I had the honor to transmit to 
your excellency a copy of a circular letter, which I had directed to be 
sent to all magistrates residing in the vicinity of the disputed territory, 
instructing them how to act in the event of any depredations being at- 
lem|)ted by cither party on the lands in (jUcstion. 

I have just received a repoi I, stating that a {juantity of pitie timber had 
l>eeii cut by ccrl;iin Hrilish subjects on the waste lands now subject to 
negotiation; and I lose no time in putting your excellency in possession 
of documents which will show the prompt steps 1 have taken to repress 
aiid punish these depiedations. 



[ House Doc. No. 9(). [ 281 

I beg further to acquaint your excellency that I immediately sent, by 
express, instructions to the nearest magistrate, to repair to the spot, to 
procure information and proper proofs of the acts charged, and to trans- 
mit these to liis Majesty's Attorney Cieneral, who has aheady received 
my directions to proceed against the parties implicated in this transaction 
without delay. 

I have, &c. 

H. DOUGLAS. 
The Right Hon. Chas. R. Vaughajv, &c. 



Mr. Clay to Mr. Vaughan. 

Departi\!Ent of State, 

Washington^ September 19, 1827. 

The undersigned, Secretary of State of the United States, has the 
honor to acknowledge the receipt of the noteofMr. Vaughan of the 17th 
instant, in answer to that which had been addressed to him on the 14th 
by the undersigned, on the subject of acts of territorial juiisdiction, ex- 
ercised under the authority of the Government of the Province of New 
Brunswick, over the territory claimed by the United States and Great 
Britain, respectively. As this latter note was founded exclusively on 
the representations of the Governor of Maine, the undersigned will 
transmit to his excellency a copy of Mr. Vaughan's note, and request 
such information as may throw any light on the statement made by him, 
that the American settlers on the St. John's have recently established 
themselves there, within an ancient British settlement, and that their 
titles had been lately obtained from the agents of the States of Massachu- 
setts and Maine. 

In the mean time, the undersigned owes it, in candor, to admit, that the 
letters of Sir Howard Douglas, of which copies accompany Mr. Vaughan^s 
note, manifest a just solicitude, on the part of tliat officer, to prevent and 
punish any acts on the disputed territory, which might lead to the inter- 
ruption of a good understanding between the two countries, in relation 
to that subject. 

Participating with Mr. Vaughan most fully, in the wish that the nego- 
tiations which are now going on in London may finally terminate the 
question of boundary between the United Stales and Great Britain, and 
thereby prevent all collisions of authority, for the future, in the disputed 
territory, the undersigned prays Mr. Vaughan, on this occasion, to accept 
assurances of his high consideration. 

H. CLAY. 

Rt. Hon. Chas. R. Vaughan, &c. 



Mr. Vaughan to Mr. Clay. 

Washington, October 26, 1827. 

The undersigned, his Britannic Majesty's envoy extraordinary and 
minister plenipotentiary, had the honor to inform Mr. Clay, in a note 



2^2 I House Doc. No. 90. | 

dated the IGth of September, that he should transmit to his Majesty's 
Lieutenant (loveinor of New Brunswick a copy of the correspondence 
which had passed between Mr. Chiy and the undersigned, about that 
period, in consequence of a representation made to the Government of 
the Ignited States, by the Governor of the State of Maine, respecting 
proceeding's in a British settlement upon the Madawaska river. 

'J'he undersigned has now the honor to lay before the Secretary of State 
of the United States a copy of a letter which he has received from Sir 
Howard Douglas, the Lieutenant Governor of New Brunswick, in answer 
to the communic.ttion made to him of the correspondence above men- 
tioned, as it will serve to explain the conduct which has hitherto been 
observed by the Lieutenant Governor, and the view which his excellency 
takes of the duty imposed upon him, until the question of boundary shall 
be finally adjusted. 

The undersigned begs that Mr. Clay will accept the assurances of his 
highest consideration. 

CHAS. R. VAUGHAN. 



Lieutenant Governor of New Brunswick to the British Minister. 

St. John, N. B., October 4, 1827. 

Sir : I have the honor to acknowledge the receipt of your excellency's 
despatch of the 16th of September, 1827, transmitting a copy of a note 
which you had received from the Secretary of State of the United States, 
containing a representation made to him by the Governor of the State of 
Maine, relative to a settlement on the St. John, westward of the junc- 
tion of the Madawaska with that river, and requesting me to make such 
remarks or exi)lanations as might suggest themselves to me upon a perusal 
of your excellency's correspondence with Mr. Clay. 

The very correct and just view of the state of the question contained in 
your excellency's note of the 16th of September, addressed to Mr. Clay, 
in reply to Governor Lincoln's representation, leaves me nothing further 
to add, but to convey to you my assurances that all the acts of this Gov- 
ernment are in strict conlbrmity with the positions and statements con- 
tained in your excellency's note. 

I have been careful to do nothing that can change the state of the ques- 
tion as it existed when the treaty of Ghent was executed. No new acts 
of sovereignty have been exeicised by this Government ; no surveys, 
fresh grants, or locations, have been made or issued, to extend or insin- 
uate British settlements into any part of the disputed teiritoiy ; no per- 
mits granted to fell or carry timber. But, whilst I observe all this for- 
bearance in all my measures, and enforce their observance on the part 
of this |)eople, I cannot relintpiish any actual possession, or abandon any 
right of piactical sovereignty, which has been de facto^ exercised over 
any portion of territory, located and held as British settlements before 
the treaty of Ghent was executed. The settlement of industrious per- 
sons, among whom some American citizens were placed in 1825, by agents 
acting for Mass;tchu.setts and Maine, in one of these, I protested, at the 
time, against those operations ; and your excellency's remonstrance pro- 



[ House J3oc. TS'o. 90. ] 283 

cured the suspension of such proceedings. Yet, upon these recent en- 
croachments Mr. Lincoln's repiesentations are grounded ; and the aliens, 
so settled, proceed, as I have already stated to your excellency, to resist 
our authority, to stop the port, to instigate the Jiritish settlers to refuse 
obedience to the laws; and, finally, to hoist the Ameiican Hag, and to 
rescue from due custody peisons apprehended by our peace olficers. 

This settlement I am bound to cotisider as a part of New Brunswick ; 
and I can neither permit the actual possession to be disturbed, nor suspend 
the municipal laws of the Province from tiieir ordinary operation over 
those paits. 

Whilst I am thus acting, to keep the question in its present state, free 
from stratagem or open violence, there is nothing done on this side that 
can influence, in any shape, the final decision of the boundary under the 
treaty of Ghent. 

The long-established British settlements in the disputed territory must 
necessarily remain under the jurisdiction of this Government, or be aban- 
doned to anarchy in the absence of all rule, until a final decision can be 
made of the question of right under the treaty of Ghent. If, on the other 
side, attempts be now made to establish settlements and jurisdistion in the 
wilderness part of the territory, or to subvert the actual possession and 
jurisdiction of his Majesty in the parts long since settled, as measures ex- 
pressly devised to meet, or countervail, in the pending negotiations, our 
actual possession of the settlement in question, by assumptions of juris- 
diction, resistance to the municipal laws of this Province, and co ordi- 
nate exercise of rule, then much disorder, outrage, and strife, must ensue. 
Such assumptions would, moreover, be a direct departure, on the part of 
the United States, fr'om that cour'se of mutual forbearance which has been 
here strictly observed. They would change the state of the question as 
it stood at the time the treaty was executed ; and, without influencing in 
any shape the principles of the decision upon which the final decision of 
the question of boundary depends, would make chargeable to the author- 
ities executing or countenancing these measures any consequences .that 
may ensue, in collisions and outrages, which it is, and has been, my ear- 
nest desire to prevent and repress, but which such extraoidinaiy counter- 
vailing maxims and assumptions as those which it may be presumed are 
intended, would directly and powerfully encourage. 

HOWARD DOUGLAS. 
His Exc. the Rt. Hon. Charles R. Vaughan, &c. 



Mr. Clay to Mr. Vaughan. 

Department or State, 

Washington., November 17, 1827. 
Sir : In the note which I had the honor to address to you on the 19th 
day of September last, I informed you that I would transmit a copy of 
yours of the 17th, in answer to mine of the 14th of the same month, to his 
excellency Enoch Lincoln, Governor of Maine, to obtain from him such 
information on the subject to which that correspondence related as he 
might communicate. I now transmit to you an extract from a letter of 



284 [ House Doc. No. 90. ] 

Governor Lincoln, under date the 2d int-tant, together with copies of two 
afl'idavits to which he refers. From one o( those allidavits, (that of Wil- 
liam Dalton,) it would appear that he had resided during three years on 
the Aroositic river, thiity miles within the line on the American side; 
that the constables and ollicors of the Province of New Biunswick have 
been in the habit, under the pretence of collecting debts, of coming to 
the settlement where he lived with |)rccepts, and taking and carrying 
away every species of property they could find ; that they generally car- 
ried it to the parish of Kent, or Frederickton, and there sold it at auc- 
tion ; that in a particular instance, of which the circumstances are 
detailed in the affidavit, the acting British otTicer declared that he did not 
care whether he was within or without his jurisdiction, for that a higher 
officer would bear him out in anything he did ; that he even employed a 
menace of resorting to physical force, using at the same time opprobrious 
language ; that the svitness, in consequence of the disturbances created 
in the settlement by Biitish officers, sold his possessions at a great sacri- 
fice in their value, and removed to another part of the State of Maine ; \ 
and that the inhabitants of the Aroostic settlement have been unwilling 
and afraid to sleep in tiieir own houses, and have spent the night c:. he 
banks of the liver and in the woods, and kept watch night and day, as is 
customary in Indian warfare. 

The affidavit of the other witness (Jonathan Wilson) states that, at 
Woodstock, in the Province of New Brunswick, he learned that Mr. 
Baker had been arrested by the British authorities, with the agency of 
forty-five men, sent up in barges, armed ; that he was taken from his bed 
in the night; that the charge against him was for refusing and objecting 
to permit the British mail to pass over his land ; that he was confined in 
a jail, which is known to the witness to be extremely loathsome, filthy, 
and dangerous to health ; that he has been tried and sentenced to six 
months' imprisonment, and to the payment oti £150 ; that he lived on 
Madawaska liver, within the American line ; and that the witness had 
learned from his son, who had recently been on the Aroostic, that the 
settlers there complained bitterly of the oppresssion of the otficers and 
subjects of the British Province ; that their property was taken forcibly 
from them, and carried olf, to the last cow. 

Such is the case made out by this testimony. 1 shall abstain, at this 
time, from particular comments upon it. The proceedings which it dis- 
closes being incompatible with the rights of the United States, at variance 
with that forbearance and moderation which it has been understood be- 
tween us were to be mutually observed, and exhibiting the exercise of 
rigorous acts of authority within the disputed territory, which could only , 
be justified by considering it as constituting an incontestable part of | 
the Br itish dominions, I have to request such explanation as tiie occasion ■ 
calls for. 

In the mean time, I avail myself of the opportunity to tender to you 
assurances of my high consideration. 

II. CLAY. 

The lion. C. U. \' \i (.man, Uc. 



[ House Doc. No. 90. ] 285 

Extract of a letter from Governor Lincoln to Mr. Clay^ dated November 

2, 1827. 

I have the honor to transmit to you, for tlic consideration of the 
President, copies ot' the affidavits of William Dalton and Jonathan 
Wilson, and to the truth o( the statements in which I hiive reason to 
attach lull credit. 



Affidavit of Wiliiam Dalton. 

I, William Dalton, born in Bloomfield, State of xMainc, county of 
Somerset, say that, for the last three years, I have resided on the 
Aroostic river, thirty miles within the line, on the Amerrcan side, thirty- 
three miles up said river. Many of the settlers on the river are emigrants 
from New Brunswick, others from the States. Many of these settlers 
arc poor. The constables and officers of the Provinces have been in the 
habit, under the pretence of collecting debts, of coming to the settlement 
where I lived, with precepts, and taking and carrying away every species 
of property they could find. They generally carried it to the parish of 
Kent, or Frederickton, and there sold it at auction. As an instance of 
the violent proceedings of the officers and subjects of the Provinces, I 
would state that, at the settlement where I lived, a certain man, named 
Joseph Arnold, had a dispute with one William McCray about a cow, 
which was referred to three referees, chosen among the neighbors, who 
decided that Arnold should keep the cow. Said McCray then went to 
one Esquire Morehouse, said to be a magistrate in the parish of Kent. 
Morehouse sent McNeil, a constable of that parish, to the Aroostic set- 
tlement. The constable came, with five men, armed with guns, pistols, 
and swords, and took the cow by force from Arnold. Wl)ilst they were 
there, I asked the constable for hii precept, and for his authority to come 
into the American territory. He said Alorehouse told him to go and 
take the animal and the man, wherever he could find them. I saw the 
writ. It [was] an order to replevy in the parish of Kent. I asked him 
if he did not know that he was out of the parish of Kent. He said he 
did not care, for Morehouse would bear him out in anything he did. I 
told him he had better not come again on any such business. He said, 
" When I come again, I shall not be obliged to show my authority to a 

parcel of d d yankee settlers of Aroostic ; that if 25 or 50 men would 

not do, he would bring 500, armed and equipped, and take every soul, 
men, women, and children, to Frederickton jail." He did not pretend 
that he was in the parish of Kent. He said " he was doing his duty, and 
would go wherever his master should send him." 

In consequence of this state of things, I have sold out all I possessed 
for what I could get, and left the country, to return to China, in the 
county of Kennebeck, in the State of Maine. I raised this year 150 
bushels of wheat, 175 of oats, 60 of corn, 200 of potatoes, and garden 
vegetables. I had built a decent and comfortable log-house and a barn. 
I had five swine, one cow, and farming ulensils. I had cleared thirty 
Acres. I sold all my property for $184 28, all on credit, except $32 in 



28G [ House Doc. No. 00. ] 

cnsh. I made this sacrifice solely on account of public didiculties. My 
farm, I think, was as good land as any in Noith America; and the whole 
of the country on the Aroostic is very excellent land, and would be 
rapidly settled if it were not for public ditficulties. My family were 
contented before the troubles; and had it not been for them, I would not 
have taken $700 for my property. For the last seven weeks, the inhab- 
itants of the Aroostifi settlement have been unwilling and a/raid to sleep 
in thciiown houses, and have retired to the lower pait of the settlement, 
and spent the night on the banks of the river, and in the woods, and kept 
watch night and day, as in an Indian war. 

I arrived here, at Bangor, this 27th of October, 1827, direct from 
Aroostic. 

WM. DALTON. 

State of Maine, ) 
Periobscot, ] 

Town of Bangor. On this 27th of October, 1827, the aforesaid 
William Dalton personally appeared, and made oath to the truth of the 
foiegoing statement. 

Before me, 

EDWARD KENT, J. P. 

STATE OF MAINE. 

Secretary ok State's Office, 

Portland, November 2, 1827. 

I hereby certify that (he foregoing is a true copy of the original, de- 
posited in this office. 

ELLIOT G. VAUGHAN, 
For A. Nichols, Secretary of State, he being absent. 



Affidavit of Jonathan Wilson. 

I, .lonathan Wilson, of Fairfield, county of Somerset, State of Maine, 
on oath depose and say : That I left Fairfield about the 1st of October, 
instant, tor Iloulton Plantation and the British Fiovinces, to collect some 
debts due to me and others. 1 arrived at Iloulton about the 10th instant, 
and (rom thence went to Woodstock, in the Province of New Bruns- 
wick, to collect debts. Woodstock is about 05 miles above Frederick- 
ton. I there learned that Mr. Baker had been arrested by the British 
authorities. I was told this by Joseph Harvey, formerly of Bangor, 
State of Maine ; that he was arrested by 45 men, sent up in barges, 
armed; that he was tak<'n from his bed in the night; that the charge 
against Baker was for refusing and objecting to jK'tmit the British mail 
to pass over his land ; thai they confined Bake i in jail, have since tried 
him, and sentenced him to pay a fine of JCI50, and to six months' ira- 
))ii.sonment in Jail, which, to my knowledge, is extremely loathsome, 
lilthy, and dangerous to health ; and that Baker is now confined there. 



[ House Doc. No. 90. ] 287 

Baker lived on Madawabka river, within the American line. I also 
learned at Ilonlton, hy my son, Leonard Wilson, who has recently been 
at the Aroostic, that the settlers there complained hitterly of the oppres- 
sion of the oflicers and subjects of the Provinces ; that their property was 
forcibly taken from them, and carried off', even to the last cow. 

JONATHAN WILSON. 



ss : 



State of Maine, 
Penobscot, 

Town of Bangor. On tl>e 27th day of October, 1827, the aforesaid 
deponent personally appeared, and made oath to the truth of the fore- 
going statement. 

Befoie me, 

EDWARD KENT, J. P. 

STATE OF MAINE. 

Secretary of State's Office, 

Portland, November 2, 1827. 

I hereby certify that the foregoing is a true copy of the original, de- 
posited in this office. 

ELLIOT G. VAUGHAN, 
For A. Nichols, Secretary of State, he being absent. 



Mr. Vaiighan to Mr. Clay. 

Washington, November 21, 1827. 

The undersigned, his Britannic Majesty's envoy extiaordinary and 
minister plenipotentiary, has the honor to acknowledge the receipt of a 
note from the Secretary of State of the United States, relative to the 
})roceedings of the magistrates acting under the authority of his Brittan- 
nic Majesty in the Province of New Brunswick, against two citizens of 
the United States, established in British settlements upon the rivers 
Aroostic and Madawaska. 

The proceedings, as described in Mr. Clay's note, are supported by 
two depositions, on oath, which have been transmitted to the Govern- 
ment of the United States by his excellency Enoch Lincoln, the Gov- 
ernor of the State of Maine. 

The affidavit of William Dalton, residing upon the river Aroostic, re- 
lates to legal process having been instituted against him by magistrates 
acting under British authority, for the recovery of debts, or for a misde- 
meanor. The affidavit of Jonathan Wilson relates to the arrest, at Wood- 
stock, upon the Madawaska river, within sixty-five miles of Frederick- 
ton, of Mr. Baker, for having interrupted the passage of the mail from 
New Brunswick to Canada. 

The rivers Aroostic and P'.Tadawaska are to be found, on a reference 
to a map made by the British commissioners of boundary under the fifth 
article of the treaty of Ghent, in that portion of the teiritory of New 



283 [ House Doc. No. 90. ] 

Brunswick enclosed between the two lines of boundary laid down, the 
one by the British commissioneis, which runs by ISIars Hill, and the other 
by the American conunissioners, which runs at a distance of about one 
hundred and forty-four miles from Mars Hill, to the north of it. 

\\ hatever may have induced the commissioners on both sides to trace 
the lines above mentioned, as accoidiin; with ihe true intent of the bound- 
ary laid down in the treaty of seventeen hundred and eighty-three, and 
subseciucnily in that of Cihent, the (Governments of Great Britain and of 
the I'nited States have not yet been able to reconcile the dilferent re- 
ports of their commissioners, and the territory in which the proceedings 
have occurred lately, and which form the subject of Mr. Clay's note, is 
still in dispute. The sovereignty and jurisdiction over that territory have 
conscqueuily remained with Great Britain, having been in the occupa- 
tion and possession of the Crown pieviously to the conclusion of the treaty 
of seventeen hundred and eighty-thiee. 

The undefined or rather unsettled claim of the United States to a por- 
tion of that territory cannot furnish any pietext for an interference with, 
or an interruption of, the exeicise of the jurisdiction within that territory 
by magistrates acting under British authority, on the part of the citizens 
of the United Stales who may choose to reside in those ancient settle- 
ments. The undersigned, therefore, is convinced that Mr. Clay will agree 
with him that there cannot be any grounds for complaint of an undue 
and illegal exercise of jurisdiction, whatever motive there may be for re- 
monstiance against the severity with which the laws may have been ex- 
ecuted. 

With regard to one of the alBdavits transmitted by the Governor of 
Maine, that of Jonathan Wilson, it appears that he undertakes to relate 
the circumstances attending the arrest of Baker on the Mad iwaska, from 
what he had been told by Joshua Harvey, formerly of Bangor, in the 
State of Maine. The undersigned takes this opportunity of communica- 
ting to the Secretary of State some circumstances attending that transac- 
tion, with which he has been made acquainted by his Majesty's Lieu- 
tenant Governor of iS'ew Brunswick. In a letter which the undersigned 
received on the 7th of October last, from his excellency, dated the 11th 
of Sej)lcmber, he was informed that an alien, of the name of Baker, re- 
siding in a British settlement on the Madawaska, had, on the 18th of July 
last, interrupted the passage of the mail from New Brunswick to Canada, 
by the long-established road through that settlement. Sir Howaid Doug- 
las transmitted to him, at the same time, copies of depositions taken on 
oath respecting the conduct of Baker; and leeling that it was his duty, 
as Ueutenant Governor, not to abandon any right of practical so\ereignty 
which had been exercised in the disputed territory, which has been held, 
occupied, and located, as British settlements, for any period within the 
last century, or even later, he considered that the report which had been 
made to him of the conduct of P»aUer was fit matter for the cogniz mce 
of the law oll'iceis of the Crown ; and his excellency accordingly direct- 
ed the Attorney (General to take such measures as he might deem ne- 
cessary to enforce the municipal laws of (he P)ovince,and to re|)re>s and 
punish the disorders which had been committetl. 

The undersigned has not received from Sir Howard Douglas any re- 
port yet of the proceedings against Baker subsequently to his arrest. He 



[ House Doc. No. 90. ] 289 

lias the honor (o submit to (he coiisidciation of the Secretary of State the 
acconij)anyiii^ tiocunieiits, viz : 

No. 1. A rej)()i't tnado to the Liout(Mi;ui( (Governor, I)y Mr. Morehouse, 
a magistrate in the ueii^h!)otiu)od of Maihiwaska. 

No. 2. The deposition of Peter Sileste, rehitive (o the stoj)j)ing of the 
mail. 

No. 3. Tiie deposition of William Ferris, rehitive to the Hag of tLc 
United States having heen hoisted by Baker. 

Nos. 4 and 5. The depositions of Abrabam Chatnberhiiid and Peter Mar- 
kee, rehitive to a ])apcr circuhited in a settlement upon tbe Madawaska, for 
sij;natuies, amoM^;st the inhabitants, by which they were to hind tbciii- 
selves to resist the British authority. 

No. C. 'I'iie opinion of the Attorney and Solicitor General of the Prov- 
ince. 

The Secretary of State will observe, in the enclosed depositions, that 
Baker and others asserted that, in the measures sshicii they took, they 
would be s\ipportcd by the Government of the United States. It is hardly 
necessary for the undersigned to repeat the assurances wliicli he has re- 
ceived from the Lieutenant Governor of Brunswick, that his excellency 
is convinced that the Government of the United States was not, in any 
shape, aware of the intentions of Baker and his associates. 

It is evident, from the enclosed documents, that the offensive conduct 
of Baker was not confnied to stopping the mail, but that he had hoisted 
tbe flag of the United States in delinnce of British claims, and had sought 
to engage a party in an ancient British settlement to transfer the jjos- 
session to the United States. 

The undersigned has already communicated to the Secretaiy^ of State 
sufficient pj-oofs of (he decided resolution of his Majesty's I^ieutcnant 
Governor of New Brunswick to maintain tbe disputed territory in the 
same state in which his excellency received it after the conclusion of (be 
Trea(y of Ghent ; and the undersigned is convinced that a mutual s])irit of 
forbearance animates the General Government of the United States. It 
is painful to reflect upon the collisions of authority to which both coun- 
tries are so repeatedly exposed by the long delay which has taken place 
in finally adjusting the line of boundary on tbe northeast frontier of the 
United States. In the present state of uncertainty, the limits of the juris- 
diction of each Government are misapprehended and misunderstood by 
the class of persons becoming, from time to time, settlers in the disputed 
district; and too much vigilance cannot be exerted by the authorities on 
both sides to remove that misapprehension, and control all misconduct 
aiising out of it. 

The undersigned requests that Mr. Chy will accept the assurance of 
his highest consideration. 

CHARLES R. VAUGHAN. 



No. 1. 

Kent, July 26, 1827. 
Sir : I have the honor to enclose a letter, addressed to me by ^h\ 
Francis Rice, adjutant of the Madawaska militia, by which you will see 
the American subjects residing in that settlement arc disposed to , •> of 
20 



290 [ House Doc. No. 90. ] 

aggiession, which his excellency may thii)k proper (o take measures to 
put a btop to. I llicreiore request that vou will lay this bel'ore his cx- 
Lellcucy,lor his consideration. 

I have the honor, &c. 

GEORGE MOREHOUSE. 
To W. P. Odell. Esq., t^c, 

Fredtrickton. 



Grand River, Madawaska^ July 25, 1827. 

Sir : Having cojumenced (Satiiiday, 21st instant) the militia company 
traininjf, and finding some disorder among the people, occasioned by Ba- 
ker and others, in the upper setllemonts, 1 find it my duty to let you know- 
as much as I am infurmed concerning them. In the first place, they have 
a wiitten document, wherein thcjsay they have authority from the States 
to have it signed by the French people of Madawaska. This they have 
proposed to many of the inhabitants, and J am sorry to say they have per- 
suaded some of them to sign is. The name of one of the signers is Abra- 
ham Chomberland. Baker is the head ruan. All this can be proved on 
oath. In the second place, Baker met the postman, and asked him what 
he had got with him ; he told him it was the Province mail. Then Ba- 
ker told the postman that he had orders from the States to stop it ; the 
man told him that if he was a better man than him, to try and take it. 
Baker answered, and said that he would let it pass for this time, but at a 
luture period he would put his ordeis in execution. 

Sir, if this Baker and others arc not stopped immediately, they wi!J 
corrupt a great part of our militia. You have heard of the liberty-pole 
he has raised in this settlement. 1 need not givejou any infoimation as 
to that. Anything strange that may happen in this place, I will trouble 
you with the shortest notice. 

I am, &c. 

FRANCIS RICE. 

To George Morehouse, Esq., Kent. 



Frederickton, July 31, 1827. 

Sir: Your letter of the 2Gth, to the Provincial Secretary, enclosing 
a letter Irom Mr. Francis Rice to you, dated 25th instant, having been re- 
lerred to me by his excellency the Lieutenant Governor, with directions 
to procure the necessary alhdavits of the facts stated by Mr. Rice, I must 
request you will be pleased, with the least possible \lclay, to proceed 
to the place, and j)()ssess yourself of the best proofs of the conduct ol Ba- 
kci and others, which vou will forward to me, under cover to the Secre- 
taiy. 

i send herewith a copy of Mr. Rice's letter, for your guidance. 

You will be particularly careful to ascertain, if possible, whether Ba- 
kci is acting under any pretended authority or not; and procure, if you 
tail, a copy of the pa])er which has been ottered for signature. 



L House Doc. No. 90. ] 291 

Should Baker, or any other person, use any violence or force to ob- 
struct the post, you will of course con.sider it your duty, upon jcceivin^ 
the coinphiint, under outh, to cause tlie od'ender to be ariestcd and coni- 
niitted to jail, unless he gives satisfactory security fur his appearance at 
the next supreme court, to answer to the charge. 

I must beg you will lurnish me with a sketch or general description of 
the lands of which Baker, or any otlier American citizen, is in posses- 
sion, in the neighborhood of Madawaska, and the length of time they 
have possessed the same. 

I have, Sic. 

T. WETMORE, 
Attorney General. 
To George Morehouse, Esq. 

Endorsed. — Refer to the Attorney General, to procure the necessary 
affidavits of facts, as slated in this. H. D. 

July 31, 1827. 



Kent, August 11, 1827. 

Sir: In compliance v.ith your request, contained in your letter of the 
31st July, I proceeded without delay to Madawaska, to inquire intoihe 
conductor Baker and the American citizens in that settlement, on v.hich, 
for the information of Government, 1 beg leave to make the following re- 
port : After getting the affidavits of some of the French settlers, I wient 
up the river to where tliere is a settlement forming by Americans, and 
endeavored to get in my i)ossession the paper which had been ofiered for 
signatures, but found that quite out of the question : they positively re- 
fused to let me see it. As soon as it was known that I Avas in the set- 
tlement. Baker and others hoisted the American flag, as a token of defi- 
ance. I ordered him to pull it down; instead of complying. Baker, as 
their organ, made the following declaration : That they had hoisted that 
flag, and that they had mutually entered into a written agreement to keep it 
there ; and that nothing but a force superior to their own should take it 
down. That they considered, and had a right to consider, themselves on 
the territory of the United States ; and that they had bound themselves to 
resist by force the execution of the laws of Great Britain amongst them ; 
and that they had a right to expect, and would receive, the protection of 
their Government in what they were doing. 

It seems the flag in question was first raised on the 4th of .Tuly last, 
when Baker, a few days previous, personally invited the most of the 
French settlers to join them in that act ; but I am happy to have it in 
ray power to say that but few complied. 

I find that they are using every argument to induce the French people 
to declare themselves American subjects ; and I fear, if these fellows 
are not well looked after, they will eventually succeed in their designs ; 
for I find their insinuations have actually had the effect to throw some of 
the people in doubt, whether they are to consider themselves as British 
or American subjects; and I trust that his Majesty's Government will 
speedily take such measures as will convince the French settlers of Mad- 
awaska that the Americans have no right to act as they do, and crush 



292 [ House Doc. No. 9o. ] 

this banditti ; for I feel convinced that, unless this transaction is prompt- 
ly followed by some other to suppress them, the French, it is more than 
probable, will shortly consider us the intruders. 

1 herewith send the airulavits of the postman, whom Baker was said 
to have stopped, which will show what passed between them ; also, a 
list of American citizens settled on the river St. John's, above the 
French settlements. 

I liive, &c, 

G. MOREHOUSE. 

Thomas WetmorEj Esq., &c. 



No. 2. 
New Brunswick, York, ss : 

Peter Sileste, of the Madawaska settlement, in tlic parish of Kent, and 
county of York, in the Province of New Brunswick, maketh oath, and 
saith: That on the ISlh day of July, 1827, as this deponent was proceed- 
ing up the river St. John's, in charge of the mail for Canada, one John 
Baker, an American citizen, who resides in Madawaska, met him near 
the chapel, when the said Baker demanded of this deponent what he 
bad in his canoe ; on being told by this deponent that it was the mail for 
Canada, the said Baker then declared that England had no right to send 
her mails that routc,^ and that he (Baker) had received orders from the 
Government of the United States to stop them ; but, on the dei)onent's 
saying that he should not have that mail without he was a better man 
than deponent, he (Baker) said it might pass for that time, but for the 
future it should not, as he was determined to put the orders of his Gov- 
ernment into execution. 

PETER SILESTE, his + mark. 

Sworn before me, at Madawaska, in the j)arish of Kent, this 9th day 
of August, 1827. 

GEORGE MOREHOUSE, 
Magistrate /or the county oj York. 



No. 3. 



New Brunswick, York, ss : 

William Fcirio, of Madawaska, in the parish of Kent, county of York, 
and Province of New Brunswick, maketh oath, and saith ; That by an in- 
vitation from John Baker, an American citizen, who resides in Mada- 
waska, he, the dci)onent, went to the said Baker on the 4th July last, 
1827 ; that Baker and the other American citizens then raisf:d a flag- 
stalf, and placed the American Hag thereon; that he, the said Baker, 
then declare<l that place to be an American teiritory, which he repeated 
to this deponent and other French settlers then there ; and that they 
must, for the future, look upon themselves as sul)jects of the United 
States, who would protect them and him in what he was doing. 

WILLIAM FEIRIO, his 4- mark. 

Sworn before me, at Madawaska, in Kent, this 8ih August, 1827. 

GEORGE MOREHOUSE, 

Justice of the Peace. 



[ House Doc. No. 90. ] 293 

No. 4. 

New Brunsavick, York, ss : 

Abraham Chainbeiland, of the Madawaska settlement, in the parish of 
Kent, and county of York, in the Province of New Brunswick, makcth 
oath and saith : That on or about tlie 15th July, 1827, one Charles Stud- 
son, an American citizen, residing in ]\Iada\\aska, presented a written 
paper to deponent, and asked him to sign it ; that deponent asked him 
the contents of the said paper, when the said Studson informed him that 
by that paper they bound themselves to oppose the execution of the laws 
of England amongst them in Madawaska, and that his Government, the 
United States, would piotect them in wliat they were doing. 

ABRAHAM CIIAMBERLAND, his + mark. 

Sworn before me, at Madawaska, in the parish of Kent, and county of 
York, this 7th August, 1827. 

GEORGE MOREHOUSE, 
Justice of Peace for the county of York. 



No. 6. 

New Brunswick, York^ ss : 

Peter Markee, of t'ne Madawasiia settlement, in the parish of Kent, 
and county of York, in the Province of New Brunswick, maketh oath 
and saith: That on or about the 15th of July last, 1827, three -persons, 
John Baker, James Bacon, and Charles Studson, American citizens, re- 
siding in the Madawaska settlement, came to this deponent, and present- 
ed a paper to him to sign his name thereto ; that, on deponent's asking 
them the contents of it, they declared that it was a document drawn up 
by them, and others residing in Madawaska, the intention of which was, 
that they bound themselves to defend each other against any act of a 
British oiUcer, civil or military ; that they did not intend to allow the 
British laws to be put in force amongst them in the Madawaska settle- 
ment; that the British Government had no right to exercise any author- 
ity over them, as that "vvas xVmerican territory, and that the Government 
of the United States would protect them in what they were doing. 

PETER MARKEE, his -\- mark. 

Sworn before me, at Kent, in the county of York, this 7th day of Au- 
gust, 1827. 

GEORGE MOREHOUSE, 
Justice of Peace for the coun'y of York. 



No. G. 



May it phase your Excellency : 

Having considered, with the attention which its great importance de- 
mands, the communication fiom George Morehouse, Esq., of the llth 
instant, with the five atiidavits transmitted by him, and also the other 



294 [ House Doc. No. 90. ] 

papers afcompaiiviiig the despatch, from your excellency's private secre- 
tary, of the 22(1 instant, we leel quite prepared to express our opinion as 
to the natuie of the olTence committed by John Baker, and other Ameri- 
can citizens, at Madawaska, and also as to the course to he pursued with 
them. We consider the Madawaska settlement to be within the British 
territory, and unquestionably in his Majesty's possession ; and that BaUer 
and his coadjutors were, and are, under the protection, and owe a tem- 
porary allejiiance to his Majesty. But as they profess to act under the 
authority of the United States, and to lay claim to the place as part of 
its territory, we hes; to recommend that such steps only should be pur- 
sued as will be necessary to preserve the possession free from any in- 
frina;ei)ient, either by stratan;eni or open violence, until the question of 
rit;;ht shall be llnally settled. The oflence w^ith which those persons 
stand charged is, at least, a higli misdemeanor in law, punishable by iine 
and imprisonment ; and we beg leave to advise that Mr. Morehouse be 
desired, without delay, to proceed, upon the evidence now before hinj, 
(which we think quite sufficient,) to arrest the offenders, and to commit 
them to jail, unless they will give sufficient security for their appearance 
at the next term of the supreme court, to take their trials; and, in the 
mean time, to be of good behavior; and that the high sheriff be directed 
to attend in person the execution of the process. And we further rec- 
ommend that informations for trespass and intrusion be immediately- 
filed against the persons named in Mr. Morehouse's list. 
Respectfully submitted. 

T. WETMORE, Attorney General. 
C. PETERS, Solicitor General. 
To his Excellency Sir Howard Douglas, &c. 



Mr. Vaughan to Mr. CLiy. 

Washington, November 20, 1827. 

The undersigned, his Britannic Majesty's envoy extraordinary and 
minister plenipotentiary, has the honor to acknowledge the receipt of 
Mr. Clay's note, requesting a letter of introduction to the Lieutenant 
Governorof New Brunswick for Mr. Rarrell, about to be sent on a com,- 
mission from the Governnumt of tlic United States to the State of Maine 
and the Province of New Brunswick, for the purpose of obtaining infor- 
mation in regard to the settlements on the Madawaska and Aroostick,.' 
within the territory mutually claimed by the United States and Great 
Britain. The undersigned has the honor to comply with the reque,st of 
the Secretary of State, by transmitting to him, immediately, a letter ad- 
dressed to Sir Howard Douglas, his Majesty's Lieutenant Governor of 
New Brunswick, recommending Mr. Barrell to his excellency's ])articu- 
lar attention. 

The undersigned has ihc honor to request Mr. Clay to accept the as- 
.suranccs of his lii"-!^'^^'-' consideration. 

CHAS. R. VAUGHAN. 

'I'ho Hon. Henkv Clay, &c. 



[ House Doc. No. 90. J 295 

Mr. Clay to Mr. Vaughan. 

DkI'AU TMENT OF StATE, ^ 

W^ashinglon, February 20, 1S23. 

The undorsigned, Sccretiiry of State of the United States, has the 
honor to inform Mr. Vaiigh;u), his Britannic jMajesty's envoy extraor- 
dinary and minister plenipotentiary, that, about the date of his note of 
the 2lst of November last, in answer <o one from the undersigned of the 
i7th of the same month, it was deemed expedient to depute an agent to 
that portion of the State of Maine which is claimed by the British (Jov- 
ernment as being part of the Province of New Brunswick, to in(,uire 
into the origin of settlements made thereon, the causes of recent disturb- 
ances among the settlers, and especially into the grounds of the an est, 
deportation, and detention in condnement, at Frederickton, of John Ba- 
ker, a citizen of the United States. Accordingly, Mr. S. B. Bairell 
was selected for the purpose, and sent on that service. About the same 
period, the Government of Maine also appointed an agent to proceed to 
the disputed territory, and to Frederickton, for the purpose of making 
the same investigations. The undersigned postponed transmitting to 
Mr. Vaughan a reply to his above mentionetl note, until the repoitof 
Mr. Barrell should be received. He has now the honor of laying be- 
fore Mr. Vaughan a copy of that report, and also a copy of the report 
made by the agent of the Government of Maine ; and he avails himself 
of this occasion to submit a few observations. 

The undersigned, in the actual state of the negotiation between the 
two Governments, having for their object the settlement of the question 
of disputed boundary, heartily concurs with Mr. Vaughan in the senti- 
ment expressed in the conclusion of his note, that too much vigilance 
cannot be exerted by the authorities on both sides, to remove misap- 
prehension, and to control all misconduct arising out of it. The under- 
signed also participates with Mr. Vaughan in the regret which ho feels 
on account of the collisions of authority to which both countries are so 
repeatedly exposed by the long delay which has taken place in the final 
adjustment of the boundary on the northeast frontier of the L'nited 
States. Without meaning to allege that the British Government is justly 
chargeable with having intentionally contributed to that delay, the un- 
dersigned is fully persuaded that Mr. Vaughan must agree that that of 
the United States has not unnecessarily prolonged it. Considering the 
course which the business is nov.' likely to take, it ought to be the ear- 
nest endeavor of both Governments, and it will certainly be that of the 
Government of the United States, to avoid giving any just occasion of 
inquietude, until the experiment of the arbitration shall have been 
crowned with success or been attended with failure. Although the re- 
ports of the two agents, before referred to, establish that there was some 
misrepresentation in the accounts of the disturbances which had reach- 
ed the Government of the United States prior to Mr. BarrclPs depar- 
ture on his agency, and which had been communicated to Mr. Vaughan, 
they disclose some transactions which the President has seen with regret. 
The undersigned cannot a^ree with Mr. Vaughan in the conclusion to 
which he has brou-^ht himself, that the sovereignty and jurisdiction over 



296 [ House Doc. No. 90. ] 

tlie territory in dispute liave remained -with Great Britain, because the 
(wo tjDvernnierils have been unable to reconcile the dillVrence between 
(iiein le.^peLlint; the boundary. Nor can lie ass*ent to (he proposition 
^*tate<^ by him, that the occupation and possession of tiiat terii(ory Avas in 
(he Crown ol Great Britain prior to the tonciu>ion of the treaty of IIUS, 
ilit were his intention (o de.^ciibe any o(her than a constructive possession. 
Biior to that epocii, the whole country now in contest was an uninhabited 
\va^te. Being, then, v.n undisputed pait of (lie territory of (he King of 
GrCiit Britain, lie had the constructive, and tlie right to the actual, pos- 
session. If, as (he Government of (he United Slates contends, (he dis- 
j)i:tf d territory is included within their limits, as defined in the j)ro- 
A isional aiticles of peace between (he United States and Great Britain, 
of November, 17S2, and (he definitive treaty ^vhich was concluded in 
Scptembej- of the follow ing year, the prior right of Gteat Britain became 
thereby transferred to the (Jovernment of tlie United States, and it drew 
alter it the constructive })ossession of the dis))uted territory. The settle- 
ment on the iSiadawaska, the earliest that has been made w ithin its limits, 
was an unauthorized intrusion on the i)ropciiy of the State of Massachu- 
setts, to which the teiritoiy then belon<;,ed, by individuals, posterior to 
the treaty of 1783. That settlement of those individuals could not af- 
fect or impair, in any manner whatever, the right of (he State of Massa- 
chusetts, or give any strength to the pretensions of the Biitish Govein- 
mei;l. 'J'he settlers, in consequence, probably, of their remoteness, and 
their quiet and ))eaceable conduct, do not aj)pear, for a long tinje, to 
iiave attracted the attention of either the State of MassacJiUsetts or that 
of the adjoining Biitish Pi evince. It was not until the year 1790 that 
the Government of New Brunswick took Uj)on itself to grant lands to 
the intruders. No knowledge of these grants is believed to have been 
obtained, until recently, by either the Government of Massachusetts or 
Maine, or that of the United States. The Provincial Government had 
no color of authority to issue those grants for lands then lying within (he 
Slate of Massachusetts. It cannot be admitted that they aii'ected the 
rigiits of the United States, as acquired by the treaty of peace. If, in 
consequence of the Madawaska settlement, a possession de facto was 
obtained by the Government of New Brunswick, it must be regarded as 
a possession limited by the actual occupancy of the settlers, and not ex- 
teiuiing to the uninhabited potiions oi' the adjoining waste. Althou>;h, 
subsequent to the year 17130, the Provincial Government appears to 
ba\'e exercised, occasionally, a jurisdiction over the settlement, it has 
not been exclusive. As late as 1820, the inhabitants of the settlement 
were cmimerated as a part of the j)opulation of the United States, by 
(heir olllcers charged Avilh (he duty of taking the periodical census foi- 
\vhich their constitrition and laws provide. 

'ihe settlement of John Baker appears to have been made outside of 
the Madawaska settlement, upon contiguous waste lands. Otiier Amer- 
ican citizens established themsi^lves in hi.s neighborhood. Whatever 
jiiiisdiction the Government of New Brunswick might claim in virtue of 
the Madawaska selllement. being confined to it^ could not he liglitfuUy 
extended to Baker and his Ameiican neighbors. Even if he had been 
guilt}' of any iriegular ily of ciHiduct, he was not amenable to (he Pro- 
\iii( iai Governmerit, but to his o-tvn. His aiie^-t, therehMc, on (lie dis- 



[ House Doc. No. 90. ] 297 

puted ground, and transportation from it to Frederickton, at a considor- 
a!)le distance from his family, and lii.s confincntont there in a h)alh9oine 
jail, cannot hi; jiistided. It is a prococdinj; which seeiiis to have heen 
adopted without regard to the rights of the United States in the territory 
in question, and which assumes an exclusive jurisdiction on the part of 
the Provincial Government. Nor is it compatible with that moderation 
and loi bearance which, it has been understood between the two (Govern- 
ments, should lie mutually })ractised, until the question of riii;ht between 
them was finally settled. 1 am charged, therelbre, by the President, to 
demand the inunediate liberation of John IJaker, and a lull indemnity for 
the injuries which he has sullered in the arrest and detention of his 
person. 

Nor can the President view with satisfaction the exercise of juris- 
diction, on the part of the Provincial Government, over the settle- 
ment on the Aroostook. That settlement was made only about six years 
ago, partly by American citizens, and partly by British subjects. The 
settlers supj)osed they were establishing themselves on American groiind, 
and beyond the British jurisdiction. It has been only within these three 
or four years past that the Provincial Government has undertaken to is- 
sue civil process against tiie settlers ; and as late as last summer, pro- 
cess for trespass and intrusion on the Crown lands was, for the first time, 
issued. 'J'hese proceedings cannot be reconciled witli the resolution, 
which you state to have been adopted by his Britannic Majesty's Lieu- 
tenant Governor of New Brunswick, to maintain the disputed territory 
in the same state in v»hich his excellency received it after the conclu- 
sion of the treaty of Ghent. Nor can they be reconciled with that mu- 
tual forbearance to perform any new act of sovereignty within the dis- 
puted territory, having a tendency to strengthen the claim of the party 
exercising it, which it has been expected would be observed by the two 
Governments, during the progress of their endeavors amic?.hly to adjust 
the question of boundary. The'undersigned must protest, in behalf of 
his Government, against any exercise of acts of exclusive jurisdiction by 
the British authority on the Madawaska, the Aroostook, or within any 
other part of the disputed territory, before the final settlement of that 
question : and he is directed to express the President's expectation that 
Mr. Vaughan will make such representations as will prevent, in future, 
any such juiisdiction from being exerted. 

The undersigned requests Mr. Vaughan, on this occasion, to accept 
assurafices of his high consideration. 

II. CLAY. 



Mr. Vaughan to Mr. Cloy. 

Washington, February — , 1S2S. 
The undersigned, envoy extraordinary and minister plenipotentiary 
of his Britannic Majesty, has the honor to acknowledge the receipt of a 
note from the Secretary of State of the United States, enclosing a copy 
of the report made by the agent of the General Government, and a copy 
of the report r.iade by the agent of the Government of the State of Maine, 



298 [ House Doc. No. 90. ] 

sent to inquire into the proceedinpis which took place, not lonsj; since, in 
tlic disputed territory within the Pioviiu:t; of New Brunswick. 

The uiidcrsiiincd has not any rcniai ks to make upon the rej)orts whicli 
have been siihuiitted to him; but lie is t;la(l to learn, from Mr. ChiV'S 
note, that it apjiears, from those reports, that some misrepresentation 
took place in the accounts which had reached the Government of tiie 
L'nited States, respecting the recent disturbances which took place 
amongst the settlers in the disputed territory. 

The Secretary of State expresses his dissent to the principle laid down 
by the undersigned, in his note of the 21st of November last, that the 
sovereignty and jurisdiction over the territory in dispute continue to be 
vested in Great t5iitain, until the two CJovernnients shall have reconciled 
their dilicrences respecting the line of boundary. Mr. Clay observes 
that the United States contend that possession was transferred to them 
by the treaty of 1783, which places the disputed territoiy within their 
limits. Wjiatever may be the conviction of tl)e Government of the Uni- 
ted States with regaid to the extent of the limits assiijned to it by that 
treaty, those limits are still undefined and remain unadjusted ; and, nut- 
withstanding the reports of the commissioners of boundary, and after le- 
peated negotiations, remain to be settled by a reference to a friendly sov- 
ereign, it is .the opinion of the undersigned that the sovereignty and 
jurisdiction of the disputed territory rests with Great Britain, until that 
portion of it designated in the tieaty of 17S3 shall have been finally set 
apart from the British possessions, as belonging to the United States. 

The British settlement upon the Madawaska river is considered by 
Mr. Clay as an unauthorized intrusion on the property of the State of 
Massachusetts. When the treaty of 1783 was concluded, New Bruns- 
wick had not been erected into a separate Province, but it was included 
in the Province of Nova Scotia. The St. Croix river was then consid- 
ered to be the boundary, on the northeast, of Massachusetts, and on the 
west, of Nova Scotia. Some dilBculty might have arisen about the exact 
boundary between that Province and Massachusetts, on account of the 
uncertainty of the limits of Acadie, (which now forms the Province of 
New iirunswick,) as ceded by France to Great Britain in 1713. The 
undersigned, however, cannot acquiesce in the pretensions of Massachu- 
setts to the territory upon the Madawaska, which lies to the north of the 
St. John's, and falls into tiiat river, at a distance from its source. It re- 
mains to be seen, when the position of the northwest angle of Nova 
Scotia shall have been determined, whether (he line of boundary between 
Great Britain and the United States will intersect any portion of the 
Madawaska territory. In the mean time, the undersigned begs leave to 
express his conviction that neither the establishment of settlements upon 
that river, nor the grants of land made to the settlers by the (jovernuicnt 
of New Brunswick in 1700, can in any shape ad'ect the iinal settlement 
of th(! buundary, or tend, as Mr. Clay seems to imagine, to strengthen 
the claims of Great Biitain, or in any manner to invalidate the rights ac- 
quired by the United States, under the treaty of 1783. 

The Secretary of State obseives, in his last note, tliat the jurisdiction 
(;xerciso(l by the Government of Now Brunswick in the Madawaska set- 
tlement has not been exclusive, inasmuch as an iigent sent by the Gov- 
ernor of the State of Maine took a census of the population in 1830, as 



[ House Doc. No. 90. ] 299 

belongins; to that State. The undersigned bej^s leave to remind Mr. 
Clay that tliat attempt of the State of Maine to interpose its jurisdiction 
was considciod l.y the lititish Government as an encroachment, and it 
was the subject of a remonstrance to the (iovernment of the United 
States. 

With regard to the arrest of John Baker, surely bis outrap;eous conduct 
in stopping the mail from Canada, in hoisting the American Hag, and 
forming a combination to transfer the territory in which he resided to 
the United States, made him amenable to the laws. Although his resi- 
dence, as it is observed by Mr. Clay, was not actually in the Madawaska 
settlement, it was within the jurisdiction of New Brunswick, and he 
knew it, as he had applied for and received, in 1832, the bounty upon 
corn grown in newly cultivated ground, given by the Government of 
that Province. A moderate bail was demanded of Baker for his appear- 
ance to take his trial. He did not profit by this offer of the magistrates, 
and thereby obtain his release from confinement, because he understood 
that a writ had heen taken out against hira by some one of his creditors. 
It does not appear that the proceedings have been carried on against him 
with any unusual severity, and, after the investigation which has taken 
place into all the circumstances attending his arrest, the undersigned did 
not expect that the President of the United States would have demanded 
his immediate liberation, and full indemnity for the injuries he has suf- 
fered, by the arrest and detention of his person. A copy of the note 
which the undersigned has had the honor to receive from the Secretary 
of State shall be immediately transmitted to his Majesty's Government 
and to the Lieutenant Governor of New Brunswick. 

It appears that the President of the United States does not view with 
satisfaction the exercise of jurisdiction by the Government of New Bruns- 
wick in a settlement upon the Aroostook river, v/hich had its origin in 
the unauthorized residence of stragglers from other districts. They re- 
mained for some time unnoticed, but, within the last three or four years, 
civil process has been issued against the settlers by the Provincial Gov- 
ernment, which Mr. Clay is at a loss to reconcile with the resolution 
which the undersigned has stated to have been adopted by the Lieutenant 
Governor of New Brunswick, to maintain the disputed teriitory in the 
state in which it was after the conclusion of the treaty of Ghent. The 
undersigned is convinced that Mr. Clay will admit that no part of the 
disputed territory can be left without the control of any civil authority. 
All persons, of whatever description, who take up their residence in the 
disputed territory, are within the British jurisdiction until the boundary 
line is adjusted, and are amenable to the Government of New Bruns- 
wick, and owe a temporary allegiance to his Majesty, so long as they 
remain under his protection. It is not for the Lieutenant Governor of 
New Brunswick to surrender up the exercise of an ancient jurisdiction ; 
but in strict conformity with his resolution, above alluded to, his ex- 
cellency has exercised it with great moderation, by refusing to make 
grants of land, and by suspending the issuing of licenses for the cutting 
of timber, and by strictly enjoining all mag'istrates under his control to 
prevent trespasses and intrusions of every description. The Secretary 
of State may rely upon the moderation with which the jurisdiction will 
be exercised by his excellency over the disputed territory. 



300 



[ House Doc. No. 90. ] 



l)jtb( 



The undersigned has observed that a misconception pervades all 
papers which have fallen under his notice from the State of Ma 
The disputed territory is invariably represented as a part of that Sts 
unjustly v/ithheld from it; overlooking, always, the difficulties wh 
Great iiritain and the United States have encountered in appropriat 
and setting apart that portion which belongs to the United States un( 
the treaty of 1783, and which have so uniortunately kept, as it wcie,»r'''*''^ 
abeyance, the title of the United States. 

The undersigned cannot conclude this note without expressing W^ 
anxious wishes that the measure, now resorted to by both Governmer pGS'^^" 
of arbitration, may put at rest, forever, the question of boundary, whilW^^''' 
has lately so repeatedly occupied the attention of the Secretary of Stii'S^'r'" 
and of the undersigned. IP""'--' 

The undersigned requests Mv. Clay to accept the assurances of r""'" 



highest consideration. 



CIIAS. R. VAUGHAN. 



Mr. Clay io Mr. Vaughan. 



; cor. 

)l r. 

m 
iGovf 



Department of State, 

Washington, March 17, 1828. 

The undersigned, Secretary of State of the United States, in acknovF"'', 

edging the receipt, on the 2dth ultimo, of the note of Mr. Vaughan T"^' 

the ^ day of that month, in answer to that which the undersign<|f '" 

had the honor to address to him, transmitting the reports made by tl 
agents of the United States and the State of Maine, would have restri(F° 
ed himself to a simple expression of his satisfaction with the engagemef,'*' 
of Mr, Vaughan to lay the demand of the Government of the VnittP^' 
States for the immediate liberation of John Baker, and a full indemniif P^ 
for the injury he had suffered by his arrest and detention, before the Go^*™' 
ernments of Great Britain and the Province of New Brunswick, but fc 
certain opinions and principles advanced by Mr. Vaughan, to which thP 
undersigned cannot assent. And he feels it to be necessary, to guar'p 
against any misinterpretation from his silence, expressly to state his dis 
sent from them. In doing this, he will avoid, as much as possible, an 
discussion of the respective claims of the two countries to the disputec 
tenitory. If it were necessary to enter into that argument, it would no 
be difficult to maintain as clear a right, on the part of the United States 
to that territory, as they have to any other portion of the territory whic'};|'^^ 
was acknowledged by Great Britain to belong to them by the treaty ol'P^' 
178.3. But as, by the arrangements between the two Governments, the 
question of right has received a different disposition, it is unnecessary to. 
give it a particular consideration here. The correspondence which thoj'^' 
undersigned has had the honor of holding with Mr. Vaughan has relatec' 
to the intermediate possession, and to acts of jurisdiction within the dis 
puted territory, until the right is finally settled. It would furnish a jus. 
occasion for serious regret, if, whilst the settlement of that question i.-i in 
amicable progress, any misunderstanding should arise between the two 
Governments, in consequence of what must be regarded by the Govern- P 
ment of the United States as the unwarranted exercise of a right of juris- r 



,1s so 



I Till 



[ House Doc. No. 90. ] 301 

ion by the Government of the Province of New Brunswick within 
(lisputed teriitory. 

fhe undersi2;ned cannot concur in the opinion that the limits of the 
iity of 1783 being undefined and unadjusted, the sovereignty and juris- 
ion of the disputed territory rests with Great Britain until that por- 
of it designated in the treaty of 1783 shall have been tinally set 
rt from the British possessions as belonging to the United States. Mr. 
jghan's argument assumes that some other act of setting apart the ter- 
nes of the United States from those of Great Britain, than the treaty 

ijjeace of 1783, was necessary ; and that, until that other act should be 
formed, the United States could not be considered in possession. 
is argument would prove that the United States are not now lawfully 
possession of any portion of the territory which they acquired by the 
;• of their independence; the treaty of 1783 being the only act of sep- 
tion in virtue of which they are in possession of their territory. If, 
he conclusion of the treaty of 1783, Gieat Britain had had the actual, 
i not merely constructive, possession, and that actual possession had 
along remained with her, Mr. Vaughan might have contended that 
Government of Great Britain had a right to exercise a jurisdiction, 
facto, over the disputed territory. But at that epoch, neither party 
I the actual possession of the disputed territory, which was then an 
nhabited waste. Which of the parties had the right of the possession, 
)ended upon the limits of the treaty of 1783. lt\ as the United States 
itend, those limits embrace it, they had the right both of sovereignty 
1 to the possession, and Great Britain could not lawfully exercise 
ler. It is true that Great Britain assei ts that those limits do not com- 
hend the disputed territory. On that point the parties are at issue, 
1 cannot agree. They have, however, amicably agreed to refer the 
:ision of it to a common friend. Whilst the experiment is making for 
5 peaceful settlement of the question, ought either of the parties to 
ume the exercise of soveieignty or jurisdiction within the contested 
ritory ? If he does, can he expect the other party to acquiesce in it, 
to look on with indifference ? It was a mutual conviction of the irri- 
ng consequence which would ensue from the exercise of a separate 
isdiction by either of the parties, that led to the understanding, which 

,; ; so long prevailed between them, to abstain from all acts of exclusive 

:ii isdiction which might have a tendency to produce inquietude. In con- 

j mity with that understanding, licenses to cut timber from the disputed 
ritory, granted by the provincial authority, had been revoked, and the 
ictice of cutting and removing the timber has been understood by the 

J vernnient of the United States to have been discontinued, 
t follows, from the view now presented, that the undeisigned cannot 

»|)scribe to the opinion that the jurisdiction of the British Government, 
ough its provincial authority, over the disputed territory, has contin- 
i with Great Britain, notwithstanding the treaty of 1783. To main- 
n that opinion, Mr. Vaughan must make out, either, first, that the 
ms of the treaty do exclude altogether the disputed territory ; or that, 
they include it, actual possession of the disputed territory was with 

(jeat Britain in 1783. Neither proposition can be established. 
(Mr. Vaughan seems to think that some civil government is absolutely 

itcessary within the disputed territory. U its utility be conceded in 

I 
I 



1 

i 



302 [ House Doc. No. 90. ] 

reference to the inhabitants, it wouhl not be a necessary consequence 
that the tioverninent of IS'ew Briu.sw ick, ;uid not the State of Maine, 
ouglit to exert the requisite civil authority. 

The alleged irregularity of the conduct of John Baker is relied upon bv 
Mr. Vaughan as tbrining a justification for his arrest, and the subsequent 
proceet4ings against hi;n in the courts of New Brunswick. 'I'he President 
is far from being disposed tt) sanction any acts of Mr. JJakcr, by which, 
on his private authority, he would undertake the settlement of a national 
disj)ute. He derived no power for any such acts, either I'rom the Govern- 
ment of the United States, or, as is believed, from the Government of 
Maine. National disputes ought always to be adjusted by national, and 
not individual authority. The acts of Baker complained of were, how- 
ever, performed by him under a belief that he was within the rightful 
limits of the State of Maine, and with no viev/ of violating the ter:itory 
or oli'ending against the laws ot Great Britain. This case, therefore, is 
very diilerent from what it would have been, if the irregularities attrib- 
uted to him had been committed on the uncontested territory of Great 
Britain. 

The undersigned finds himself as unable to agree that the misconduct of 
Mr. Baker, whatever it may have been, warranted the Government of 
New Brunswick ifi taking cognizance of his case, for the purpose of try- 
ing and punishing him by British laws, as he was unprepared to admit 
that the want of civil government, on the part of the iidiabitants of the dis- 
puted territory, created a right in the Government of New Brunswick to 
supply, in that respect, their necessities. In assuming that Baker render- 
ed himself amenable to the laws of New Brunswick, Mr. Vaughan de- 
cides the very question in controversy. He decides that the part of 
Maine in contest appertains to the Province of New Brunswick, and that 
the laws of New Brunswick can lun into the State of Maine, as the 
limits of that State are understood to exist by the Government of tiie 
United States. The Provincial Government of New Brunswick, in the 
arrest and trial of Baker for acts of his, done on the disputed territory, 
commits the very eiror which is ascribed to Baker, that of undertaking, 
in ellect, to determine a national question, the decision of wliich should 
be lelt to the Goveinmerits of Great Britain and the United States, which 
are, in fact, endeavoring peaceably to settle it. 

It would have been more conlbrmable with good neighborhood a; d 
the respective claims of the two Governments, as w^ell as the mutual for- 
bearance which they stand pledged to each other to practise, if a friendly 
representation had been made to the Government of the United States of 
any miscoiuluct charged against John I'laker, or any other citizen of the 
Unitf.'d States itdial)iting the disputed territory, accompanied by ai-equ< - 
for the redress called lor by the nature of tiie case. Such was thu 
course pursued by Sir Charles Bagot, as far back as the year 1518. In 
December of that year, he had an interview with the then Secretary of 
State, in which he pieferred a complaint of irregular settlements attempt- 
ed by citizens of the United Slates on the li-.nds in controversy. The 
Secretary of State, on rerciving the compbiint, staled that he supposed ' 
the settlers were of that class of intruders denominated S(iuattets, mean- 
ing persons who commence settlements upon the public lands without 
title ; that as, by Mr. Bagot's representation, it appeared that they were 



[ House Doc. No. 90. J .'303 

cnterinp; on tlic disputed borders in fauiilics, pcacca])lo means would, 
doubtless, be sulRcienf, to remove them ; and that, il" he, Mr. IJuj^ot, 
would procure and communicate their names to the Secretary of State, 
he would invite the Governor of Massachusetts to take the necessary 
measures for restraining them. But their names were never, in fact, dis- 
closed to this Government. Among the papery recently comninnicated 
by the Governn)cnt of New Brunswick to Mr. Barrell, the agent of the 
United States, the President has observed, with regret and surprise, a 
letter from Mr. Bagot to the Lieutenant Goveinor of the Province, bear- 
ing date the 8th of December, 181S, in which, after referring to the 
above interview, Mr. Bagot gives it as his opinion that the Government 
of New Brunswick might remove the settlers by force. This conclusion 
is not only unwarranted by anything which passed at that interview, but, 
I am directed to say, is contrary to that which the Government of the 
United States had reason to expect would have resulted from it. So far 
from conceding a right in the Government of New Brunsvvick forcibly 
to remove those persons, their names were requested, to enable their 
own Government to operate upon them, if necessary. In the letter from 
Mr. Bagot to the Lieutenant Governor of New Brunswick, he clid, agree- 
ably to the request of the Secretary of State, ask for their names, whilst 
the advice that the Goveinmenl of New Brunswick shotdd forcibly re- 
move them as intruders obviously superseded the only practical purpose 
foi which their names had been desired, that the Governor of Massachu- 
setts might be called upon, by peaceable means, and by his lawful 
authority, to restrain them. 

'I'he enumeration of the settlers on the Madawaska, as a part of the 
population of the United States, which took place in 1S20, was not un- 
der tiic authority of the State of Maine ; it was made in virtue of the 
laws of the United States, and by otRcers duly commissioned by them. 
Mr. Vaughan says there was a remonstrance against it at the time ; no 
trace of any such remonstrance is discernible in the lecords of this De- 
partment. 

in the note which Mr. Vaughan addressed to the undersigned on the 
2Lst day of November last, it was stated that the Lieutenant Governor 
of New Bruiiswick had resolved to maintain the disputed territory in the 
state in wliicb it was at the conclusion of the treaty of Ghent; that 
treaty was signed on the 24tli December, 1814, and the exchange of its 
ratifications was made on the 17th day of February of the ensuing year. 
More than seven years thereafter, and four years after the interview be- 
tween Sir Charles Bagot ami the Secretary of State, certain persons, 
W'ithout authority, settled themselves on the waste and uninliabited lands 
of the Aroojtook, within the disputed territory, supposing that they were 
occupying American ground. Within only three or Jbur years past, the 
Provincial Government has undertaken to issue civil process against the 
settlers, ibr the purpose of enlbrcing the collection of debts, and the per- 
formance of other social duties. The undersigned, in his note of the 
20th ultiiiif, has stated that he could not reconcile this exercise of juris- 
diction Viit'i the above resolution of the Lieutenant Goveiijor of New 
Brunswi'-., and he is still unable to perceive their compatibility. If the 
Lieuten;uif. Governor had applied to the Government of the United 
States to remove the settlers, he would have manifested a disposition to 



304 [ House Doc. iXo. 90. ] 

preserve the disputed territory in the state in which it was at tho con- 
clusion of liie treaty of Ghciit. But, by ticuiing the settlers as Biitish 
sulijfcts, and enforcing; on thuni Brilish laws, tiicre is, at the same time, 
a manifest depaiture from tlie resolution formed by the Lieutenant Gov- 
ernor, and a disie^^ard of the lawful ris^his of the United States. l( a 
succession of illegal settlements can be made within the territory, and if 
these unauthorized intrusions lay a just j;round for the exercise of Biitish 
authority, and the enforcement of Britisli laws, it is obvious that, so far 
Irom maintaining the countiy in the uninhabited state in which it was at 
the date of the treaty of Ghent, the whole of it may become j)eopled, 
and be broui;ht, with its irihabitants, undt;r British subjection. 

Mr. Vau^han supposes that the acts of British authority, to which the 
undersigned in the course of this coriespondence has had occasion to 
object, can in no shape aflect the final settlement of the boundary, nor 
tend to strengthen the claims of Great Britain, nor in any manner to in- 
validate the rights of the United States. If there were an absolute cer- 
tainty of a speedy settlement of the boundary within a definite time, Mr. 
^'aughan might be correct in supposing that the rights of the lespective 
pai ties w.iuld not be ultimately affected by those acts of jurisdiction. 
But it is now near half a century since the conclusion of the treaty of 
peace out of which the controveisy grows, and it is more than thirteen 
years since the final ratification of that of Ghent, providing a mode of 
amicably settling the dis;)Utc. Il remains unadjusted. Mr. V'aughan 
himself has repeatedly expiessed regret, in which the undersigned has 
fully participated, on account of the delay. Judging from past expe- 
rience, as well as the uncertainty of human affairs in general, we are 
far from being sure when a decision will take place, if, in the mean 
time. Great Britain were to be allowed quietly to possess herself of the 
disputed territory, and to extend her sway over it, she would have no 
motive for co-operating in quickening the termination of the settlement 
cf the question. Without inq^uting to her a disposition to prociastina- 
tion, she would, in such a state of things, be in the substantial enjoyment 
of all the advantages of a decision of the controversy in her favor. The 
President of the United States cannot consent to this unequal condition 
of the parties ; and the undersigned, in conclusion, is charged again to 
jjrutest against the exercise of all and every act of exclusive jurii.diction 
on the part of the (iovernn»eut of the I'rovince of New Brunswick, and 
to announce to Mr. Vaughan that that Government will be responsible 
lor all the consequences, whatever they may be, to which any of those 
acts of juiisdittion may lead. 

'J'he undersigned ic(juests Mr. Vaughan to accept the renewed assu- 
rances ol bis high consideration. 

II. CLAY. 

Right Ilcni. Cmaki.ks R. V'augha.v, &c. 



Mr. Vavi^haii to ilfr. Clay. 

Washington, March 25, IS28. 
The undersigned, his Britannic Majesty's envoy extraordinary and 
minister plenipotentiary, has tho honoi- to acknowledge the receipt of 



[ House Doc. No. 90. ] 305 

the note of the Secrct.iry of State of the United States, dated the 17th 
instant, in which, in order to guard against any misrepresentation of his 
silence, he lias taken occasion to express his decided dissent from the 
principles and opinions advanced by the undersigned, in justification of 
certain acts of jurisdiction which have been exerci.sed in the disputed 
territory by the provincial authorities of New Brunswick. 

As it is the intention of the undersigned to submit to the consideration 
of his Majesty's Government the correspondence which has taken place 
between the Secretary of State of the United States and himself, he is 
not disj)osed to prolong the discussion respecting the exercise of juris- 
diction in the disputed territory. 

When he received the complaints against the conduct of the Lieuten- 
ant Governor of New Brunswick, he thought it his duty to suggest the 
grounds upon wliich that conduct might be justified, and the irritation 
might be mitigated which was likely to arise out of it. 

The undersigned is at a loss to understand the distinction made by 
Mi. Clay between the actual and constructive possession of the disputed 
territory previously to the conclusion of the treaty of 1783. Though a 
part of that territory was uninhabited, and in a state of waste, so far 
from neither party having the actual possession, the sovereignty and pos- 
session of the entire Province of Nova Scotia was vested, indisputably, 
in his Britannic Majesty ; and it is the received opinion that the pleni- 
potentiaries engaged in concluding the treaty of 1783 did intend and did 
agree to leave untouched the rights of his Majesty over the Province of 
Nova Scotia. 

The boundary, from the mouth of the river St. Croix to its sources, is 
clearly defined ; the right continuation of the line entirely depends upon 
the position of the northwest angle of Nova Scotia, which the British 
commissioners of boundary, under the fifth article of the treaty of Ghent-, 
have placed at Mars Hill, and the American commissioners have placed 
at a great distance to the northward, and not far from the right bank of 
the river St. Lawrence. 

The undersigned agrees with Mr. Clay in wishing to avoid any discus- 
sion of the claims of the respective Governments; but he has ventured 
to point out the very great difference between the commissioners of 
boundary, as he conceives that, until that difference shall be reconciled, 
jurisdiction must continue to be exercised within the disputed limits by 
the original possessors. A joint jurisdiction appears to the undersigned 
inadmissible, as it must prove inijjracticable. 

The undersigned cannot acquiesce in the opinion given by Mr. Clay, 
that the issuing of legal process, within the last few years, in a settle- 
ment upon the river Aroostook, formed originally in an unauthorized 
manner by stragglers from other districts, is to be considered as an in- 
fringement of the engrigement of the Lieutenant Governor of New 
Brunswick to preserve the disputed territory in the state in which it 
was at the conclusion of the treaty of Ghent. These settlements were 
established previously to the Government of New Brunswick being con- 
fided to Sir Howard Douglas ; and the undersigned conceives that it was 
not optional in his excellency to exercise, or not, jurisdiction within the 
limits of his Province. 

Proceedings in a tract of land upon the river Madawaska, in which a 
21 



SOG [ House Doc. No. 90. ] 

settlement was established soon after the treaty of 1783, by French Aca- 
dians, have riinii?hed, re})eatodly, cause of remonstrance to both Govern- 
ments. From tlie date of 17bti, the laws by which those settlers have 
been governed, and the magistrates by whom those laws have been exe- 
cuted, have been derived from New Brunswick. Whether any and 
what part of that settlement belongs to the United States depends upon 
the provisions of the treaty of 1783. Until the two Governments can 
agree upon the true intent of that treaty, possession and actual jurisdic- 
tion remains with Great Britain. 

it is true that, in 1820, there was an attempt lo invalidate that juris- 
diction, when the marshal of the Stale of Maine sent an agent to enu- 
merate the population of that settlement, under a law enacted by the 
General Government of the United States. The undersigned learns, 
with regret, that there is no record in the Department of State of a re- 
monstrance against that proceeding by the British Government, as he 
had asserted. Such was the conviction upon his mind, justified by the 
fre(iuent remonstrances which he has been called upon to make, since 
the summer of 1825, against proceedings of agents from tiie State of 
Maine, authorized to sell lands, and to lay out roads and townships in 
the same district. 

With regard to the arrest of Baker, the Secretary of State, in his last 
note, seems to think that, as he comnjitted the outrage for which he was 
taken up, under a conviction that he v. as upon territory belonging to the 
United States, a representation should have been made of his offence to 
the Government of the latter. 

The undersigned has only to refer the Secretary of State to his note 
dated the 27th February, where it is shown that Baker was perfectly 
aware of his residing within the jurisdiction of New^ Brunswick, as he 
had received the provii;cial bounty for corn raised upon land newlv 
brought into cultivation. 

The undersigtied regrets that he should have found himself under the 
necessity of making the foregoing observations ; and he cannot conclude 
without expressing his earnest wish that the reference to arbitration may 
relieve the Secretary of State and the undersigned from any further dis- 
cusjsion relative to the boundary on the northeastern frontier of the United 
States. 

The undersigned avails himself of this occasion to renew to Mr. Clay 
the assurance of his distinguished consideration. 

CHAS. R. VAUGHAN. 

Tl;e Hon. H. Clay, &c. 



Mr. Vaughan to Mr. Clay. 

Washington, Jinie 4, 1828. 
The Secretary of State of the United States, in a note dated the 20th 
Febiuaiy, 1828, slated to the undersigned, his Britannic Majesty's en- 
voy extraordinary and minister plenipotentiary, that he was charged by 
the Biesident to demand the immediate liberation of John Baker, ( arrest- 
ed by the Biitish authorities of Niw Brunswick,) and a full indemnify 
for the injuries which he had sirfTered by the detention of his person. 



[ House Doc. No. 90, ] 307 

The undersigned, in an answer to (hit note, dated the 27th Fehiumy, 
had the honor to observe that, after the inves(ig.»tion, which hud then 
already taken place, into ail the circumstances attending the arrest of 
Baker, and as the proceedings instituted against hitn had not been car- 
ried on with any unusual severity, he did not ex|)e(;t that the President 
of the United States would have demanded his release, and an indemnity 
for his injuries. The undersigned, however, assured Mr. Clay that a 
copy of his note of the 20th February should be transmitted botli to his 
Majesty's Government and to the Lieutenant Governor of New Bruns- 
wick. 

The undersigned has now the honor to lay before the Government of 
the United States a copy of a letter which he has received from his 
Majesty's Lieutenant Governor of New Brunswick, enclosing a report 
of the proceedings on the trial of John Baker, at Frederickton, on the 
8th jMay, which has ended in Baker being found guilty, and a sentence 
being passed upon him of fine to the amount of twenty-five pounds ster- 
ling, and of imprisonment for two months. 

The Lieutenant Governor of New Brunswick expresses his regrets in 
the enclosed letter that he cannot remit the punishment of Baker, and 
states his motives for not interfering with the regular course of law, un- 
less he should receive instructions to do so from his Majesty's Govern- 
ment, in consequence of the demand made in the note of the Secretary 
of State of the United States, of the 20th of February last. 

The undersigned has (he honor to request that Mr. Clay will accept 
the assurances of his highest consideration. 

CHAS. R. VAUGHAN. 

The Hon. Henry Clay, Ai.c 



Frederickton, May 12, 1828. 

Sir : I have the honor to acquaint your excellency that John Baker 
appeared in court at the term to which the indictment upon which he 
had been arraigned was traversed, and after a trial, conducted in all re- 
spects in a mild, liberal, and satisfactory manner, was found guilty, and 
has been sentenced to two months' imprisonment, and to pay a fine of 
£25 to the King. 

I have the honor to transmit, Irerewith, a report of the trial, which I 
certify to your excellency to be full, authentic, and coirect ; and by 
which you will perceive that all the subversive acts reported in my de- 
spatch of the 11th September, 1827, to your excellency, have been fully 
proved, and that it was established in evidence that an actual practical 
sovereignty has been exercised by Great Britain on that part of the ter- 
ritoiy in which those subversive acts have been committed for upwards 
of thirty years. 

I regret that I cannot, under existing circumstances, safely yield to 
those merciful considerations which might have induced me to remit the 
punishment to which Baker has been sentenced ; but in the face of the 
demand that has been made for the release of, and indemnity to. Baker, 
upon grounds the reverse of those shown in the report of the Amer- 
ican agent, Mr. Barrell, and entirely disproved by the evidence which 



308 [ House Doc. No. 90. ] 

came out on the ti ial, 1 conbider, and am advised, that it is the safest 
nrocetdiiig for tliis Govcrnmenl to let tlie law take its course, unless I 
should lercive contrary instructions from his Majesty's Government, in 
consequLiice of the demand which has been made for the release of 

Baker. 

HOWARD DOUGLAS. 



Report of the trial oj Joh.i Baker ^ at the bar of the Supreme Court, 
on Thursday the Sth of May^ 1828, /or conspiracy. 

In the Hilary term of the supreme couit, the grand jury for the coun- 
ty of York found a true bill of indictment against John Baker, James Ba- 
con, and Charles Studson, for conspiracy. The two defendants, James 
Bacon and Charles Studson, were not taken; but the defendant, John 
Baker, being in custody, was brought to the bar and arraigned, and 
thereupon pleaded not guilty, at the same time protesting against the 
proceedings, and that he was not amenable to the jurisdiction of this 
court. 

He was afterwards, during the term, admitted to bail, and entered into 
recognizance himselt in £100, and two sureties in JCoO each, for his ap- 
pearance at the present term, to traverse the indictment, and, in the mean 
time, to keep the peace and be of good behaviour. 

On Wednesday, the 7th instant, the Attorney General states to the 
court that, having understood the defendant, John Baker, was in attend- 
ance, he should be ready, at the opening of the court on the next day, to 
proceed with the trial. One of the bail for the defendant then said that 
tht' defendant would appear whenever he was required. Thursday was 
therefore appointed by the court for the trial. 



ThursdaYj May 8, 1828. 

The honorable Chief Justice Saundeis, Mr. Justice Bliss, and Mr. 
Justice Chipraan, came into court and took their seats. 

The defendant, John Baker, was called, and appeared, and declared he 
was ready for hi»ti ial. Mr. Attorney General then moved for trial, and 
the cleik of the Crown proceeded to call over the names of the jury. 

Ml. Justice Chipman stated to the defendant that he might challenge 
any ol the jury for cause, but he declined availing himself of this privi- 
lege. 

The following jurors were called, and sworn, in the order they ap- 
peared : 

Michael Fisher, William Miller, Edward Cambridge, John Bain, Jo- 
gei)h Sutherland, Donald McLeod, Joseph Estahrooks, Jr,. John Collins, 
Samuel Curry, Thomas W. Peters, ^Villiam S. Esty, and Anthony 
Stewart. 

The clerk ol the Crown tiicn read the indictment, which is as follows: 

Voi'.K, to ivit : 

The jurors for our lord the King, upon their oath, present, that John 
Baker, late of the parish of Kent, in the county of York, laborer, James 
Bacon, late of the same ]>lace, laborer, and C'harles Studson, lute of the 



\ House Doc. No. 90. ] S09 

same p1a<!e, laborer, being persons greatly disaffected to our said lord 
the now King, and his Government, within (liis his Majesty's Province 
of New Brunswick, and being factiously and seditiously disposed, on the 
fourth day of July, in the eighth year of the reign of our said sovereign lord 
George the Fourth, with force and arms, at the parish aforesaid, in the 
county aforesaid, did, amongst themselves, conspiio, combine, confede- 
rate, and agree together, falsely, maliciously, factiously, and seditiously, 
to molest and disturb the peace and common tranquillity of this Province, 
and to bring into hatred and contempt our said lord the King, and his 
Government, and to create false opinions and suspicions in the subjects 
of our said lord the King, of and concering the Government and admin- 
istration of our said lord the King, and of the royal power and preroga- 
tive of our said lord the King within this Province. 

First overt act. — And the jurors aforesaid, upon their oath aforesaid, 
do further present, that the said John Baker, James Bacon, and Charles 
Studson, afterwards, to wit, on the same day and year aforesaid, at the 
parish aforesaid, in the county aforesaid, in pursuance of, and according 
to, the said conspiracy, combination, confederacy, and agreement amongst 
themselves, had as aforesaid, did erect, and cause to be raised and erect- 
ed, a certain llag-staft', and did place thereon a certain flag, as the stand- 
ard of the United States of America, and did then and there declare, in 
the presence and hearing of divers liege subjects of our said lord the King, 
that the said place on which the same flag-stafl" was so erected was a part 
of the territory of the said United States, and that they, the said liege sub- 
jects, must thereafter look upon themselves as subjects of the said United 
States. 

Second overt act. — And the jurors aforesaid, upon their oath aforesaid, 
do further present, that the said John Baker, James Bacon, and Charles 
Studson, afterwards, to wit, on the 15th day of July aforesaid, in the 
year aforesaid, at the parish aforesaid, in the county aforesaid, in further 
pursuance of, and according to, the said conspiracy, combination, con- 
federacy, and agreement amongst themselves, had as aforesaid, applied 
to divers liege subjects of our said lord the King, and then and there pre- 
sented to the same subjects a paper writing, which they, the said John 
Baker, James Bacon, and Charles Studson, then and there requested the 
said subjects to sign, then and there declaring that, by the said paper, 
they, the said subjects, would bind themselves to oppose the execution of 
the laws of Great Britain, to wit, in the Madawaska settlement, so called. 

Third overt act. — And the jurors aforesaid, upon their oath aforesaid, 
do further present, that the said John Baker, James Bacon, and Charles 
Studson, afterwards, to wit, on the 18th day of July, in the year afore- 
said, in further pursuance of, and according to, the said conspiracy, com- 
bination, confederacy, and agreement amongst themselves, had as afore- 
said, did oppose and obstruct the postman then and there having the cus- 
tody and carriage of his Malesty's mail to the Province of Lower Can- 
ada, in the prosecution of his journey with the said mail ; they, the said 
John Baker, James Bacon, and Charles Studson, declaring to the said 
postman that the British Government had no right to send its mails by 
that route, meaning through that part of the said parish of Kent called 
the Madawaska settlement; and that they, the said John Baker, James 
Bacon, and Charles Studson, had received orders from the Government 



310 [ IIou8e Doc No. 90. ] 

of the said United States to stop the carriage of the said mail through the 
same. 

FourHi overt act. — And the jurors aforesaid, upon their oath aforesaid, 
do further present, that the said John Baker, James Bacon, and Charles 
Studson, altcrwards, to wit, on the lOth day of August, in the year afore- 
said, at ihe parish aforesaid, in the county aforesaid, in further pursuance 
of, and according to, the said conspiracy, combination, confederacy, and 
agreement, amongst themselves had as aforesaid, did hoist the flag of the 
said L'nited States of Ameiica on a certain flag-stall' there erected and 
placed ; ihey, the said John Baker, James Bacon, and Charles Studson, 
then and there dcthuing, in the presence and hearing of divers subjects 
of our said lord the King, ihat they, the said John Baker, James Bacon, 
and Charles Studson, had so hoisted the same flag, and that they had 
mutually entered into a written agreement to keep the same flag there, 
and that nothing but a foice superior to their own should take it down ; 
and, fuithci-, that they consideicd and had a right to consider themselves 
then and there on the territory of the said United States; and that they 
had bound themselves to resist by force the execution of the laws of 
Great Britain among them there ; in very grer.t contempt of our said 
lord the King and his laws, to the evil example of all others in the like 
case otTending, and against the peace of our said lord the King, his crown 
and dignity. 

The Attorney General, who conducted the prosecution, then opened 
the case to the jury, and stated generally the nature of the oflence, and 
the facts necessary to be proved in order to support the indictment. He 
then briefly set forth the evidence which he intended to adduce to sub- 
stantiate the charge; and particularly stated it would be shown thai the 
jurisdiction of this Province had always extended over the part of this 
country where the offence was committed; that the defendants were 
acting under no authority whatever ; and this was an indictment found 
by tiie grand jury in the ordinary exercise of their duties. He desired 
the juiy to dismiss from their mind everything that they had heaid or 
seen written on this case, and decide on the guilt or innocence of the 
party by the evidence alone ; and, if they could not conscientiously say 
he was guilty, to acquit hin). Several authorities were then read ; but 
as the whole case was most fully and ably gone into by the learned judge 
who charged (he jury, and the same view of the l,aw and facts taken by 
him as by the Attorney General, it is not necessary to go into a full de- 
tail of the opening speech. 

Mr. Attorney General then proceeded to call the witnesses. 

William Feirio, one of the witnesses recognised at the last term, was 
called, but did not appear. 

George Morehouse was the (irst witness examined ; his evidence was 
as fellows : 

I am a justice of the peace for the county of York, and reside in the 
parish of Kent, on the river St. John, about thirty miles below the 
(iiand Falls. The Madawaska settlers commence a lew miles above the 
Falls, and extend up forty to lifly miles. I have been settled wheic I 
now live six years; but my ac<|uaiiitan(e with the Madawaska settlement 
commenced in the year Irt)!). At this time the inhabitants were princi- 
pally Fiench ; there were a few Ameiican citizens. I cannot say whether 



[ House Doc. No. 90. ] 311 

defendant was there then ; his brother Nathan was. I do not recollect 
the defendant's being there until September, 1832: he and the other 
Americans had formed a lumbering establishment at the head of the 
Madawaska settlement, on the east side of the river St. John, by the 
Meriumpticook stream. That part of the country where the French and 
Americans were has been invariably under the jurisdiction and laws of 
this Province since I knew it. I have been in the. constant habit, as a 
magistrate, of sending my writs and warrants there, and no interiuption 
or objection was made to the service of them until last August; until 
then, it was my belief that all the inhabitants there considered themselves 
under the jurisdiction of, and subject to, the laws of this Province, both 
American citizens and French settlers. 

When 1 speak of last August, I mean that this was the first intimation 
I had of any objection being made to the exercise of the jurisdiction of 
this Province there. That intimation was made by a report or commu- 
.nication from Mr. Rice, that John Baker, the defendant, had been guilty 
of seditious practices. I forwarded the communication to the Secretary 
of the Province ; a few days after, about the 3d of August, I received 
written instructions from his Majesty's Attorney General to proceed to 
IMadawaska and take depositions, and get a copy of the written paper 
which it wag reported the defendants had handed about for signature. I 
accordingly proceeded to Madawaska on tiie 7th of August, and arrived 
at the place where Baker's house is situate, and went into the house of 
James Bacon, and asked him to let me see the paper which had been 
handed about for signature ; he said he had it not. 1 then requested 
Bacon to go with me to Baker's, to look for the paper ; he declined going ; 
I then went towards Baker's house, and met him on his mill dam. The 
mill dam is made across the river Meriumpticook. I stated to him that 
it had been reported to Government that he and other American citizens 
residing there had been guilty of seditious practices ; that 1 was autho- 
rized to make inquiry. 1 told him it was reported that he had drawn 
up, and circulated among the settlers, a paper, the purport of which was 
that they were American citizens, and had bound themselves to resist the 
execution of the laws of Great Britain ; he neither admitted nor denied it, 
but said that he had been charged with an attempt to stop the mail, 
which was false. I requested 'him to show me the paper which had 
been handed round for signature ; he said he believed it was not in his 
possession, but did not deny the existence of such a paper; he said he 
did not know whether it was in his possession or not ; he thought Stud- 
son had it. 1 requested him to go to his house and search his papers ; 
perhaps he might find it ; we proceeded together tow^ards his house ; be- 
tween his residence and the mill there is a new house, where ten or 
twelve Americans were assembled. I did not know them to be Ameri- 
cans, but supposed them to be so ; they were not French settlers ; when 
we got there. Baker took two or three aside, and consulted wiih them a 
few minutes ; he then came back, and said to me, " Mr. Morehouse, 
I have consulted with the committee, and we have determined that you 
shall not see this paper; we have formerly shown you jjapers in simdar 
cases, which has been very prejudicial to us." I observed, \\hcn I went 
there, a flag-staff erected on the point of land where Baker lives; the 
;point is formed by the junction of the Meriumpticook river with the St. 



312 [ House Doc. No. 90. ] 

John; there was then no flag on it, but after coming out of Bacon's, I 
observeil a flag hoisted — a white flag, with an American eagle and semi- 
circle of stars, red. In tlie conversation 1 had with Bacon, he deprecated 
Baker's practices, and said he would not desist until he brought the 
Americans there into trouble. 1 think tiie persons Baker took aside to 
consult with were Bartlett and Savage. After I had received the an- 
swer before mentioned, I pointed to the flag, and asked Baker what that 
wa?. He said, " the American flag, Mr. Morehouse ; did you ever see 
if before ? If not, you can see it now." I asked him who planted it there ; 
he said, " he and the other Americans there." Bacon was present at 
the time; I required him in his Majesty's name to pull it down. He 
replied, " no I will not ; we have placed it there, and we are determined 
we will support it, and nothing but a superior force to ourselves shall 
take it down ; we are on American territory; Great Britain has no juris- 
diction here; what we are doing we will be supported in; we have a 
right to be protected, and will be protected in what we are doing, by our 
Ciovornment." 

He did not produce or exhibit any authority. I then turned to Bacon, 
and said, " Bacon, you have heard Baker's declaration ; do you mean to 
support him in it ?" ile said, " of course I do." I then left him and 
came away. Baker, about the 1st February, 1825, applied to me as a 
ma<i;istrate, for summonses against some of the Madawaska settlers to 
cf)llect debts. I gave him six summonses against persons all living in 
tlie Madawaska settlement ; the return made to me was that the debts 
were paid when the writs were served. 

Baker has a considerable improvement, and raises more or less^'grain 
every year. In 1823, I was at the place where he resides. I understood, 
from what passed, that Baker and Bacon both acknowledged they had 
signed the paper; they spoke of having bound themselves by a written 
agreement to lesist the laws of England. 

The direct examination having closed, the defendant was informed he 
mi^ht cross-question the witness; he declined doing it, saying, under the 
circumstances which he stood there, he did not intend asking any 
questions. 

To questions then put by the court, the witness stated : 
The Madawa-ka seitlenieiit proper terminates at the Madawaska riv- 
er ; above the river there are a few miles interval, with a few scattering 
houses ; the main settlement then commences about nine miles above the 
Madawaska, and extends seven or eight miles. The Meriumpticook is 
about eighteen miles above the Madawaska. This settlement has formerly- 
gone by the name of Chateaugay ; latterly it has been called Sainte Emi- 
lie by the French settlers in the settlement. I mean distinctly that the 
upper as well as the lower settlement has been subject to the British laws. 
It is at the head of the settlement the Americans reside. The whole set- 
tlement has gone by the general name of Madawaska settlement through- 
out the country ; the name Chateaugay caused some dilference amongst 
themselves; the priest changed it to Sainte Emilie ; there has been no 
distinction in the actual exercise of jurisdiction between the upper and 
lower part of this setllerrK rit ; the lower bound of the parish of Kent is 
fciglile(-n miles b<low my roidence. 

Francis Kioc sworn. I roide in the Madawaska settlemerjt, at the 



[ House Doc. No. .90. ] ^\3 

head of the first part. I am adjutant of the fourth haltalion York county- 
militia ; the Madawaska j-ettlers arc enrolled in this hnttalion. I have 
been in court, and heard Mr. Morehouse's evidence. I made a report to 
him, as he has stated. I did not know the facts myself; they were re- 
ported to me. I accompanied Mr. Morehouse on his visit to the settle- 
ment on the 7th August last, and was present at the conversations with 
Baker and Bacon ; the facts all took place as he has stated ; I can say 
nothing more. The Madawaska settlers attend and turn out at the nwli- 
tia training pretty regularly, both above and below the confluence of the 
Madawaska. 

The French settlers not being able to speak English distinctly, the 
witness, Francis Rice, had previously been sworn as interpreter, and 
acted as such throughout the tiial. 

Abraham (Ihambeilain sworn. I live in the upper part of the Mada- 
waska settlement, above the Madawaska river; have resided there four 
years this summer; was born at bay Chaleur; came from there to this 
Province four years ago, and have always lived since in the Madawai;ka 
settlement. Charles Studson presented me a paper, I think in July last. 
I don't remember seeing Baker. Bacon and Emery, and some other 
Americans, were present. I was passing by ; they were drinking rum; 
they asked me to take some ; I agreed. When they handed the paper, 
I asked whether any of the French had signed it ; they said, not yet. 

The witness being then asked as to the contents of the paper, and the 
propriety of such evidence being questioned by the court, the Attorney 
General cited the case of Rex versus Hunt and others, (3 Barn, and Aid. 
566,) where it was decided, on an indictment for conspiracy, that second- 
ary evidence of the contents of a paper which was in the defendant's 
possession was admissible, without producing the original, or giving no- 
tice to produce it ; and that parol evidence of inscriptions and devices on 
banners and flags is also admissible. The question was then put ; but 
the witness could say nothing as to the contents, stating that it was read 
to him, but, being in English, he did not understand it. They asked 
him to sign it ; but he did not understand for what reason. He wanted 
to know whether any of the French had signed it. This took place at 
the point of land near the mill. There was a flag hoisted, with an eagle 
and stars on it ; they did not say anything about having signed the paper 
themselves. 

Peter Marque sworn. I live in the Ste. Emilie settlement, (the upper 
one. ) Bacon and Studson, some time last summer, tried to make me sign 
a paper. Studson handed it to me ; I do not know for what reason ; they 
read the paper, but I did not understand it, and asked whether the French 
had signed it ; they said, not yet. I then said I would not sign it. I told 
Mr. Morehouse they wanted me to sign a paper. This was at the place 
where the pole stands. I never understood the purpose for which I was 
called to sign the paper. I worked eleven days for Baker last year, at 
the time of getting hay ; I now work for myself. They told me Cham- 
berlain had signed the paper. I don't lemember anything more. 

Peter Sileste sworn. I was employed last summer to carry the mail 
from Madawaska (o Lake Timisconatee ; as I was taking it up the river, 
•polling up in a canoe, I met John Baker, coming down the river on a raft; 
he came off to me in a small skiff; neither of us stopped. Baker asked 



314 [ House Doc. No. 90. ] 

me, in Englisli, " Do you carry the mail ?" I said, "Yes." He said he 
had oider.s iVoin America not to let the mail pass that way. I replied, I 
had no orders to stop there. This was all that jwssed. This was, 1 think, 
in July. 

Johoph Sanfason sworn. 1 live in the Madawaska settlement, half a 
mite below the Green river; the Green river is below the Madawaska. 
1 was horn at Madawaska. I bought land from J. Souci ; he had a grant 
from the Government of this Piovince. I bought it six years ago. I have 
been a constable for two years for ihe parish of Kent. I was obstructed 
in my duty of constalde by Baker, Bacon, Bartlelt, Savage, Shelly, and 
Jones. I had an execution from Mr. Morehouse against J. Bacon. I 
asked Bacon if he would come ? He said he would not leave the place. 
Baker said, it is of no use for you to go there ; you shall not have the 
man. Bacon talked about settling it. Baker said. Bacon, you must not 
settle it now ; you must settle it another time ; I will not allow any 
olficcr to go up there, lie asked me if I had any authority to go there. 
1 showed him the warrant; he said, if it came from the States he would 
n)ind it ; but it was only from Mr. Morehouse, and he would not mind it. 
They prevented my taking Bacon, who refused to go. This took place 
near Baker's mill. 

Edward William Miller, Esq., swoin. I am high sheriff' of the county 
of York, and have been so since 1814. I have been acquainted with the 
Madawaska settlement seven years. I never could make any division in 
the settlement between the upper and lower. When I first knew it, it 
extended to seven miles from the Falls ; lately, it has come.]wiihin three 
or four miles. I know the Meriumpticook river. I have been in the 
habit of serving wiits throughout the whole of the settlement, the same 
as in any other part of my bailiwick. When I first became acquainted 
with the settlement, 1 considered the inhabitants under the jurisdiction 
and Government of this Province, without any dispute whatever. The 
distance is so gieat 1 have never summoned them as jurors, it would be 
so inconvenient to attend ; the inhabitants serve in the militia. I never 
met with any obstruction in the discharge of my duty. 

Peter Eraser, Esq., sworn. 1 have been an inhabitant of this Prov- 
ince since 1784 ; am acquainted with the Madawaska settlement. It is 
about seven or eight years since 1 was first there ; hut I have been ac- 
quainted with the settlers since 1787. I considered them always under 
the Government of this Province. The first settler I knew was Captain 
Duperree, a captain of the militia of this Province ; the date of his com- 
mission was between 1787 and 1790. He resided in the settlement. The 
settlers have voted at elections ; there was some difiiculty at first in their 
doing so, on account of the oath which was required to he taken, as they 
were Catholics; but when this was altered, they have voted without 
dillicully. To my own knowledge, they voted in 1809, and ever since. 
I consider the Madawaska settlement as extending from the Great Falls to 
the Canada line. I have been w here Baker lives ; and always deemed the 
part above (he Madawaska river as in the Madawaska settlement. There 
is no distinction, in this respect, between what is above and below that 
river. The Madawaska set tiers are enrolled in the militia of this Prov- 
ince ; in Captain Dupence's time, there were two comjianies. In 1821 
they were form^- Ctto a separate battalion, consisting of five companies ; 



[ House Doc. No. 90. J 315 

I am major of the battalion. Tliey turn out very regularly. I never 
heard of their making any objections to training. 

Henry Cloppcr bwoin. I am cltik of (ho peace and register of deeds 
for this county. I was appointed cleik in 1S23, and legister in 1821. 
I succeeded my father in both ollices. 1 have discharged the duties 
since 1820, having acted for him before rereiving the appointment vny- 
self. Parish officers were appointed by the sessions for the parish of 
Kent, There was a separate list for the Madavvaska district, in that 
parish. I have been as far up the river as ten miles above the Grand 
Falls. There are a great many deeds registed in my office of land in 
Madawaska, where the parties are the Madawaska settlers, some as long 
since as twenty-five or thirty years back. As clerk of the peace, I re- 
ceive the money given as bounty for grain raised on new ground in this 
county. In May, 1825, the defendant (John Baker) applied to me for the 
bounty for grain raised by him on new land. He received the bounty from 
me. The paper now produced by me is the document under wliich he be- 
came entitled to it. I observed to him that he was an alien, and I was 
not aware whether he was strictly entitled to it. He said his certificate 
had passed the session. The paper I now hold is the certificate, and the 
only one ; it has been on file in my office since. 

The paper was here put in, and read by the clerk of the Crown, and 
is as follows : 

" I, John Baker, of Kent, do swear that ninety bushels of wheat were 
really and truly raised on the land occupied by me, and are actually of 
the crop of the year 1823, [1822,] and that the wood was cut down, 
burnt, or cleared off from the land on which the same was raised within 
two years previous to the time that the said crop was taken off, and that 
they were of the first and only crop of grain raised on land from which 
the said wood was so cut down, burnt, or cleared off, as aforesaid. 

"JOHN BAKER. 

" Sworn before me, at Woodstock, the 2d of July, 1823, [1825.] 

" JOHN BEDELL, Justice of the Peace. 

" I verily believe the facts above stated to be just and true. 

"JOHN BEDELL." 

I paid him by a check on Mr. Needham ; the amount was £4 5^. 3d. 
This is the order I gave Mr. Needh'am. 

Cross-examined by defendant. Have you got the receipt I gave 
for the money ? The witness here produced the schedule and signature 
to it by Baker, and said, this is the only receipt he gave me, except the 
one given to Mr. Needham. 

Mark Needham sworn. I remember the circumstance of paying this 
order ; the words " received payment" on it are in my writing. 1 have 
no doubt I paid it, but have not now any particular recollection of the 
defendant. I considered it paid, and charged Mr. Clopper with it. 

George I. Dibhlee sworn. I am acquainted with the handwriting of 
the defendant, John Baker; have seen him write ; the signature to the 
receipt on the order is his hand\viiting ; I have no doubt of it. 

Simon Abear, or Hibert, sworn. I live two miles below ALidawaska 
river; have lived there four [forty] years next month ; I moved there 
from the French village about ten miles above Frederickton. I have a 
grant of my land from this Province ; it is the first grant in the Mada- 



316 f House Doc. No. 90. J 

waska, and was made about two or three years after I moved up. I live 
under this Government, and have ahva3S lived under it ; all the Mada- 
"wabka settlers live under the same Government. I vote at elections; 
the first time was about eight years ago. Baker came last year to my 
house ; he asked me what time I go to train my company ; I am a cap- 
tain of militia ; he said there is not much occasion to train at Madawaska. 
I ii^quired the reason ; he said nothing ; I told him I would go next 
Saturday — he must be stronger than me to prevent me. I know where 
Baker lives ; he came live or six years ago ; he has always lived at the 
same place ; raised grain there ; 1 believe he cultivated nowhere else. 
Baker said I had better not train, but did [notj ask me not to train. 

George West sworn. 1 know the defendant. Baker ; have known him 
since 1820 ; he was then settled at the bay Chaleur ; I saw him next at 
the Madawaska ; this was when Judge Bliss was President, I believe 
IS^-l. I seized 300 logs from him ; 1 was then a seizing officer ; he said 
he wished to become a British sulijcct, as he had been here the neces- 
sary time ; he inquired of me what steps it would be necessary for him 
to take ; I told him as far as my information went ; this was at the place 
"where he lives; it is called Baker's mill stream ; he spoke as if he con- 
sidered himself a resident within this Province, and wished to have all 
the lenity shown him on that account ; it was shown him; he was allowed 
to redeem the loss at the rate of :3s. Gd. per thousand feet, counting three 
logs to a thousand. The logs were seized as cut on Crown lands without 
license. I have seen him since ; there was a warrant of survey sent to 
me to execute of this land where Baker resides ; it was in Samuel 
Nevers's name ; Baker himself attended the execution of the warrant, 
and directed the course, of the lines ; the privilege was considered 
Baker's, but taken in Nevers's name, as Baker was not a Bi itish subject : 
I think this was about two yeais ago. 

The evidence on the part of the prosecution having here closed, the 
defendant was called upon for Iiis defence ; he addressed the court nearly 
as follows : 

"I am a citizen of the United States, and owe allegiance to that 
country. 1 have lately received my deed from the States of Maine and 
Massachusetts. I hold myself bound to their courts. I live in American 
territoiy. and hold myself only liable to the courts of that place, being 
the county of Penobscot, in the State of Maine. I enter no defence, 
and call no evidence. 1 do decline the jurisdiction of this court." 

The defendant alluded to a letter he had, in the course of the trial, 
handed to the Chief Justice ; which was delivered to him, and he was 
intoiincd he might, if he chose, road it as part of his defence, but de- 
clined doing so. 

The Attorney (General then addressed the couit, and said that, as he 
had, in his opening, staled generally the nature of the case and evi- 
dence, and the defendant had not niade any defence, he did not think it 
necessary, after so much time had been taken up, and the evidence so 
fully gone into, to address the jury, but would merely read two or three 
additional autlioi itics, (which he did from Staikie's Evidence, Comyn's 
Digest, Blackstone's Coniin<n(ari( s, and Archbolil's Criminal Pleading,) 
and then leave the case in the hands of the com t. 

Mr. Justice Chipman charged the jury, lie began by stating the in- 



[ House Doc. ^'o. 90. ] 317 

dictinent and pica, the general nature of the olTence, and the prools re- 
quisite to support the charge. He said (hit the body of the oflence was 
the conspiracy, the combining and confederating together with the intent 
laid in the indictment. In the present case, the intent charged was to 
bring into contempt the King's authority, to spread false opinions among 
his subjects as to his power and prerogative over them, and in fact com- 
pletely to unsettle their minds as to their allegiance to the Government 
under which they lived. This mind and intention must be made mani- 
fest by overt acts. It was usual, though held not to be absolutely neces- 
sary, to set forth overt acts in the indictment ; but if, from the facts prov- 
ed in evidence, the jury should be satisfied that t.he defendant, Baker, 
now on trial, did combine and confederate with one or both of the other 
defendants named in the indictment, with the intent imputed to them, 
that would be sufficient to make up the offence. As the essence of the 
crime was the combining, two persons at least must be engaged in it. 
The judge then stated that, before going into a consideration of the evi- 
dtncc, he would dispose of the ground which the defendant had set up 
-when called upon for his defence ; which was, that the place where the 
acts were committed was in the territory of the United States, and 
that he, the defendant, was not amenable to the laws, or subject to the 
jurisdiction of the courts of this Province. The judge then stated that 
the question as to the national rights to this territory, now well known to 
be in controversy, is one which this court is utterly incompetent to enter 
into, and can have nothing to do with. It is a matter of state, to be set- 
tled between the two nations. Great Britain and the United States; to be 
dealt vsith by the Governments of the two countries, and not by this 
court. The court will only inquire whether the place in question is ac- 
tually in the possession and under the jurisdiction and laws of this Prov- 
ince ; and, if so, the court will maintain that jurisdiction, and continue 
the exercise and protection of those lows, until some act of the King's 
Government shall effect a change. Theie can be no stronger evidence 
of the possession of a country than the free and uncontrolled exercise of 
jurisdiction within it ; and the court is bound by its allegiance to the 
Crown, and its duty to the King's subjects, to act upon this, which it con- 
siders as the only principle truly applicable to the case. This principle 
has already been acted upon in this Province. 

The learned judge then referred to the case of the sloop Falmouth, ad- 
judged in the court of vice admiralty of this Province many years ago, 
(1806 ) He stated this to have been the case of a seizure by a British 
officer of an American vessel lying in the waters of Passamaquoddy bay, 
for landing her cargo within this Province ; no foreign vessels being at 
that time admissible into the ports of these colonies. The counsel for 
the prosecution in that case went at large into the question of right to all 
the islands in that bay, under the provisions of the treaty of 1783, and 
contended that, by virtue of that treaty, all the islands, including Moose, 
Dudley, and Frederick islands, then in the actual possession of the United 
States, of right belonged to Great Britain ; and that no foreign vessel 
could lawfully lade [land] a cargo in any part of that bay ; but the learn- 
ed judge of that court at that time, now one of the judges of this court, 
(Mr. Justice Botsford,) in pronouncing judgment, would not enter upon 
the question of right to the islands, which he considered a matter of slate, 



318 [ House Doc. No. 90. ] 

for tho two Governments to decide u])on ; but finding the three islands 
bcfoie named to be under the actual possession and jurisdiction of the 
United States, he applied tlie principle of the law of nations applicable 
to a water boundary between two dill'orent countries, and directed his 
attention solely to the point whether the vessel laded her cargo on the 
British side of a middle line drawn between these islands, then in the pos- 
session of the United States, and the Biilish islands opposite. It thus 
appears that this doctrine of taking the actual state of things as we find 
thorn, and apjdying the law accordingly, has been already acted upon in 
this Piovince, in an instance where it was favorable to citizens of the 
United States ; and this coui t has no hesitation in applying the same 
doctrine, which it consideis as the true doctrine, to the present case. 
It is to be observed that the defendant in the present case has given no 
evidence whatever of the place in question being in the possession or 
under the jurisdiction of the United States; thit he docs not appear to 
be in any respect an agent of that Government, or acting under its au- 
thority ; and that what has been done must be considered as being alto- 
gether the acts of unauthorized individuals. The place where the trans- 
action occurred goes by the general name of the Madawaska settlement ; 
and if this settlement shall appear to be, in point of fact, under the juris- 
diction of this Province, the case must receive the same consideration, 
and the conduct of the defendant be viewed in the same light, as if the 
acts complained of had been committed in any other part of the Province, 
one hundred miles further down on the river St. John, or even in this 
town of Frederickton. 

The learned judge then proceeded to read over the whole of the tes- 
timony from his notes, commenting upon the several parts of it as he 
went on. He considered the overt acts as to hoisting the flag of the 
United States, with the express intention of subverting British mUhority, 
as most distinctly and fully proved, and asked what more unequivocal in- 
dication there could be of an intention to bring the King's Government 
into contempt, and of unsettling the administration of the laws of the 
Piovince, than the erecting of a foreign standard with this declared pur- 
pose. With respect to the transaction with the postmaii, he directed the 
Jury that if they considered the acts of the defendant in t'.iis instance to 
have proceeded from the combination and confederacy to subvert the 
King's authority, the defendant was properly chargeable with them under 
this indictn)ent; and that, in forming their judgment of this and all the 
other facts detailed in evidence, they should tike into view all the cir- 
cumstances of time and place, and of action, in determining the charac- 
ter- ol the several transactions. With respect to the written agreement, 
by whicli they bound themselves to resist the British laws, he thought 
that was siithciently proved \\ ith regard to the American citizens ; but 
it was not made out in proof that this was the same paper which was 
handed to the French settlers; but the learned judge said that he could 
not admit of any distinction in this respect between aliens, being under 
the jurisdiction ar>d protection of the British laws, and natural born sub- 
jects ; the; former owed a local alUgi ince ; and what would be a l^reach 
of the laws by the one would be so by the other. 

'i'he learned judge, in closing, stated, that if, in deterruirring the pres- 
ent case, this court was to undertake to ent r upon a question of a con 



[House Doc. No. 90. ] 319 

flict of rights between the two nations, it might be disposed to approach 
'it with a degree of trepidation ; but this case was altogether unembar- 
rassed by any such considerations. It presented a chain of evidence of 
clear possession and undisturbed jurisdiction on the part of this Province, 
from the period of its first erection down to the present time — a space of 
more than foity years. One of the oldest inhabitants in the Madawaska 
settlement had proved tliat he removed thither from the h)vver part of this 
Province forty years ago ; that he, and all the settlers there, always con- 
sidered themselves as living under this Government. It is also proved 
that these inhabitants have received grants of land from this Government, 
and have, from the beginning, been enrolled in the militia ; that they 
have voted at elections for the county of York ; have applied to the pro- 
vincial courts for redress in all suits at law ; and have unilorndy exercised 
all the privileges, and been subject to all the duties, of other inhabitants 
of the Province ; excepting only that the sheriff states that he has not 
summoned them to attend on juries at FredericUton, by reason of their 
great distance ; but he expressly declares that he has always been in the 
habit of serving writs throughout the whole of that settlement, as much 
as>in any other part of his bailiwick. It appears also that the defendant. 
Baker, considered himself as living wiihin the territory, and under the 
jurisdiction of this Province ; that he applied to Mr. iMorehouse, the 
provincial magistrate, for processes to recover his debts from inha!)itants 
in the Madawaska settlement ; that he received the provincial bounty 
for grain raised on land, which there can be no question is the land on 
w hich he now resides ; and this on his own affidavit, stating himself to 
be John Baker, of the paiish of Kent. It further appears that he attend- 
ed ^ provincial surveyor in laying out this very land, for which a warrant 
of survev, under the authority of the Province, was in ?. course of execu- 
tion, giving directions as to the course of the lines ; the grant being in- 
tended for the benefit of Baker, although it was to be taken out in the 
name of Nevers, a British subject. Baker himself, also, had an inten- 
tion of being naturalized, and stated to one of the witnesses, Mr. George 
West, that he had resided the necessary time, and wished to know what 
other steps were necessary (or this purpose. This conversation taking 
place on the spot where he lived, at the head of the Madawaska settle- 
ment, and at a time when logs cut by him had been seized as being cut 
on Crown lands without license ; and Baker claimed to be dealt favorably 
with by reason of his residence within the Province, and his intention to 
become naturalized. The learned judge also stated, that it appeared 
from the evidence that there was no line of division to be drawn between 
any parts of that whole settlement, as to the possession and exercise of 
jurisdiction by this Province ; that he could not imagine any principle 
upon which any such line of division could be made ; that one of the wit- 
nesses spoke of the settlement having, when he first knew it, commenced 
seven miles above the Great Falls ; that it has since extended downwards 
to within two or three miles of the Falls. It has also been gradually ex- 
tending upwards, and all the inhabitants, in every part of it, were equal- 
ly under the jurisdiction of this Province, and entitled to the benefit and 
protection of its laws; and if they were to be transferred from this juris- 
diction and protection, it must be by some act of the King's Government^ 
competent for that purpose. 



320 [ House Doc. No. 90. ] 

The learned judge, uith tliese observations, left the case to the jury, 
directing them to consider it in the same light, and to give the defend- 
ant the benefit of the same considerations, that they would in the case of 
any othei inhabitant of the Province. 

'i'he jury retired from the box, and, after about an hour's deliberation, 
returned into court with a verdict of guilty. 

The defendant was then required to enter into recognizance to appear 
on Monday next to receive the sentence of the couit. The same bail 
were accepted as before, in the same amount, 

The Attorney General stated to the court that he should enter a noli 
prosequi on the ex officio information uhich had been filed against the 
defendant ; and also on the indictuient which had been found against 
John Baker and six others lor a riot, so far as regarded the present de- 
fendant. 

The witnesses were informed that their further attendance would not 
be required. 

Monday, May 12, 1828. 

Present : His honoi tlie Chief Justice, Judge Bliss and Judge Chip- 
man. 

The defendant being called, and appearing, the Attorney General pro- 
ceeded to make several observations on the case, and concluded by mov- 
ing the judgment of the court. 

His honor Mr. Justice Bliss then inquired of the defendant if he had 
an> thing to say in mitigation, or any affidavits to produce. 

The defendant said he had little to say. He was brought there and 
made amenable to the jurisdiction of the court, and must, of course, sub- 
mit. He had no affidavits to produce ; there were some facts which, if 
thty had been brought forward, might have been mateiial ; but as he was 
not prej)arcd with the whole, he had thought it better not to adduce any 
proof. He concluded by submitting himself to the consideration of the 
court. 

lilr. Justice Bliss then proceeded to pass sentence, to the following ef- 
fect : 

That the defendant had been indicted by the grand jury of the county 
of York for a seditious conspiracy, entered into by him and others, with- 
in the jurisdiction of this court, to which he had j)leaded not guilty, al- 
leging, at the same time, that he did not consider himself anienable to 
the process of this court, being a citizen ol the United States, and that 
the ofl'ence charged was committed within their territory ; but the court 
could not admit this to be the case, it appearing clearly that the Mada- 
waska settlement, where the oil'ence was committed, has been, from the 
first election of the Piovince, hitherto, under our laws, and subject to our 
jurii^^diction ; and that the defendant, after a very fair and full investiga- 
tion of the case, had been convicted by a jury of the country ; and it now 
romaitLS for the court to pass their sentence upon him for this ollence ; in 
doing which their object was to treat him with that lenity which, so far 
38 was consistent with the ends of justice, is uniformly extended to his 
Majesty's natural born subjects; and, although the court considered the 
offence of which he had been found guilty ol a very aggravated nature, they 
have had regard to his previous long imprisonment ; and their object being 



[ House Doc No. 90. ] 321 

to secure the fukire peace of the country, and not to pass a vindictive 
sentence personally against him, they had awarded the punishment ac- 
cordini:!;lv ; and did sentence him to he imprisoned in the common jail of 
the county of York for the (eiin of two calendar monilis, and to pay a line 
to our lord the King of twenty-five pounds, and reinain committud until 
the sumo was paiil. 

The defendant, John Baker, was then taken into custody hy the sheriif. 



Mr. Clay to Mr. Lawrence. 

Department of State, 

Washington, March 31, 1828. 

Sir : I transmit herewith a copy of a correspondence which has passed 
between Mr. Vaughan, the British minister, and this Department, re- 
specting the exercise of jurisdiction, on the part of the Government of 
the Province of New Brunswick, within the territory respectively claim- 
ed hy the United States and Great Britain, on our northeastern horder. 
In the course of ityou wiil remark that we have demanded tlie liberation 
of John Baker, a citizen of the United Stales, and full indemnity for the 
wrongs which he has suffered by the seizure of his person within the 
limits of the State of Maine, and his subsequent abduction and confine- 
ment at Frederickton in jail. We have also demanded that the Govern- 
ment of New Brunswick shall cease from the exercise of all and every 
act of exclusive jurisdiction within the disputed territory, until the ques- 
tion of right is settled by the two Governments. The considerations 
which have led to those demands are so fully set out in the correspond- 
ence, that it is not deemed necessary now^ to lepeat them. The Presi- 
dent charges me to instruct you to address an otikial note to the British 
Government, calling upon it to interpose its authority with the Provincial 
Government to enforce a compliance with both demands. The Govern- 
ment of the United States cannot consent to the exercise of any separate 
British jurisdiction within any part of the State of Maine, as the limits 
of that State are defined by the treaty of 1783, prior to the decision of 
the question of title. And, if there be a perseverance in the exercise 
of such jurisdiction, this Government will not hold itself responsible for 
the consequences. It may, and probably will, be urged, that, if the 
Province of New Brunswick should abstain frow exerting its authority 
over the inhabitants situated on the controverted ground, disorder and 
anarchy amongst them will ensue. Should such an argument be brought 
forward, you will reply that the inhabitants will no doubt institute some 
form of government themselves, adapted to their condition, as they did 
for a long time on the Madawaska ; that, whether they do or not, how- 
ever, it will be competent to the Governments of Maine and New Bruns- 
wick, within their respective acknowledged limits, to guard against any 
disorders; that the Government of the United States cannot consent to 
the exercise of any exclusive British authority within the contested ter- 
ritory, founded on the plea of necessity ; and that many of the settlers, 
being intruders upon the soil, can have no right to complain of any disor- 
ders among themselves, resulting from their own unauthorized intrusion. 
22 



S'22 [ House Doc. No, 90. ] 

'I'he Presiilont hopes tiiat the British Government, participatini;; in the 
desire which he most anxiously feels to avoid all collision on account of 
a temporaty occupation of the territory in contest, will effectually inter- 
pose its authority to restrain the Provincial Government from the exer- 
cise ol any jurisdiction over it. Such an interposition alone will super- 
sede those i)recautionaiy measures which this Government will other- 
wise feel itself constrained to adopt. 

I also transmit heiewith copies of the report of Mr. Rarrell, and of Mr. 
Davis, who were respectively deputed by the (Tovoinments of the United 
States and the State of Maine to proceed to the disputed territory, and 
to ascertain on the spot the causes of the recent disturbances which have 
cccuired there. 

I am, respectfully, your obedient servant, 

H. CLAY. 

To VV\m. 13. Lawrenck, 

Charge (TAJaires^ London. 



List of papers transmitted with the foregoing* 

Mr. Vau2;han to Mr. Clay, January 16, 1827. 

Mr. Claf to Mr. Vaughan, 18 January, 1827. 

Same to same, 14 September, do. 

Mr. Vaughan to Mr Clay, 17 do. with two enclosures. 

Mr. Clay to Mr. Vaughan, 19 do. 

Mr. Vaughan to Mr. Clay, 26 October, 1827, with one enclosure. 

Mr. Clay to Mr. Vaughan, 17 November, do. with three enclosures. 

Mr. Vaughan to Mr. Clay, 21 do. do. enclosures 1 to 6. 

Same to same, 20 do. do. 

Mr. Clay to Mr. Vaughan, 20 February, 1828. 

Mr. Vaughan to Mr. Clay, do. 

Mr. Clay to Mr. Vaughan, 17 March, do. 

Mr. Vaughan to Mr. Clay, 25 do. do. 

Report of Mr. Barrell, and accompanying documents. 

Report of agent of Maine, and accompanyinng documents. 



Mr. Lawrence to Lord Dudley. 

16 Lower Seymour Street, 3ia«/ 5, 1828. 
The undersigned, charge d'afl'aires of the United States of America, 
regrets that he is com})elled to call to the notice of his Majesty's Piinci- 
pal Secretary of State ior Foreign Affairs acts on the part of the Govern- 

• The correspondence enbrHced in this list constitutes a part of tlie forepoing series, and 
is ii<<t, therefore, sent to the President in immediate connexion with the inslrudion to Mr. 
Luwrcnce. 

The report of Mr. Uarreil wnd the accompanying docvimtnts were commimicHted to the 
Sen;it<- Ml the last session, and piintLcl h}' oidi-r of that hody. See Senate documents, l>,t 
session 20lh Conj^etts, No. l.^O. 

'I'he lejiori «>4 the Hpent of Maine atnl llie uccompanyinff papers were printid under an 
ordi:r ol the Senate ol tiic United States ol the 14Ui of April l;ii>t. Sec Senate documents, 
Ist session iOih Congre;8, No. 171. 



[ House Doc. No. 90. ] 323 

ment of tlie Province of New Brunswick, within the territory chiimed 
by the United States and Great Britain, respectively, not only wholly in- 
consistent with that mutual forbearance which, it has been understood, 
should govern the pioceedings of both countries durins; the pendency of 
the (juestion of boundaries, for the decision of which arran<:enients have 
leoently been made, but of a character to lead, by invitin;^ retaliation, to 
diliiculties of the most serious nature. 

The proceedings complained of, to which it will be the duty of the un- 
dersigned particularly to refer, took place in settlements near the Aroos- 
took and St. John's rivers, within the territory which is, and always has 
been,' considered by the United States as a part of the present State, 
formerly District, of Maine. It api^cars, from official documents, that, ia 
this section of country, various attempts to exercise exclusive jurisdiction 
have been made by the Lieutenant Covernor of New Brunswick ; that 
American citizens residing within the territory in dispute have been sub- 
jected to an alien tax; that they have been compelled to serve in the 
British militia ; that the Provincial Government has undertaken to issue 
civil process against them for enforcing the collection of debts, and for 
other purposes ; that they have been siuiimoned to appear befose the tri- 
bunals of New Brunswick for intrusion on the land occupied by them, as 
if it was the uncontested property of the British Crown ; and that they 
have been prosecuted before these foreign courts for alleged political of- 
fences, which, if punishable at all, were only cognizable by the authoii- 
ties of their own country. 

These attacks on the rights of citizens of the United States having 
formed the subject of a coriespondenee betv.een the British minister at 
Washington and the American Secretary of State, which, it is under- 
stood, has been transmitted to Lord Dudley, the undersigned does not 
deem it necessary to enter into the details of the different individual acts 
of exclusive jurisdiction that have been matters of complaint, but hastens 
to a case vrhich he is instructed to bring particularly under the considera- 
tion of his Majesty's Government, with a view to the redress of which 
it may be susceptible. John Baker, a citizen of the United States, resi- 
ding on a tract of land situated at or near the junction of the Mariump- 
ticook with the St. John's river, and held by him under a deed from the 
States of Massachusetts and Maine, was arrested in his own domicil, on 
the 25th of September last, under circumstances of aggravation. While 
Mr. Baker and his family were asleep, his house was^surrounded bv an 
armed force, and entered by a person of high official character in' the 
Province of New Brunswick, by the command of whom Mr. Baker was 
seized and conveyed to Frederickton, and there committed to jail, where 
he is still confined on a charge of an alleged misdemeanor, growing out 
of a denial of British jurisdiction in the territory where he had settled, 
as above stated, under the authority of a grant from two States of the 
American Union. This transaction having received the special consid- 
eration of the President of the United States, the undersigned h s been 
charged to call upon the Government of Gieat Britain to interpose its 
authority with the Provincial Government, in order to the lib-ration of 
Mr. Baker, and to the granting to this American citizen a full indemnitv 
for the wrongs which he has suffered by the seizure of his person wiiiiin 
the limits of the State of Maine, and his subsequent abduction and con- 
finement in jail at Frederickton. 



324 r House Doc. No. 90. J 

The undersigned is further instructed to require that the Government 
of New Brunswick shall cease Iroin the exercise of all and every act of 
oxclu.sive jurisdiction within the disputed territory, until the question of 
ri'^lil is settled by the two Governments ot Great Britain and the United 
States. 

The motives which have led to these demands may be suiliciently in- 
feneil Irom a consideration of the occurrences already cited, in declaring, 
through the undersigned, that it cannot consent to the exercise of any 
separate British jurisdiction, within any part of the State of Maine, as it 
understands the limits of that State to be defined by the treaty ot 1783, 
prior to the decision of ihe question of title, the Government of the Uni- 
ted States is only protesting against unjustifiable encroachments on its 
sovereignty, and asking from Great Britain what it is willing on its side 
to accord — that fort^earance which the present state of the controversy 
most strongly inculcates. Indeed, it is only by adopting such a course, 
that the collisions, which would arise from an attempt by each party to 
give effect to its own pretensions, can be avoided. The importance of 
abstaining from any act which might jeopard the amicable relations be- 
tween the two Powers was early perceived ; and instances have not been 
wanting in which they have both been restrained, by considerations of 
piudence and mutual respect, from exercising acts of exclusive jurisdiction 
within the disputed territory. To a complaint made so far back as the 
vear 1818, by Mr. Bagot, at that time his Majesty's minister in America, 
of irregular settlemenis attempted by citizens of the United States on the 
lands ill controversy, the most ready attention was paid. On the other 
hand, licenses to cut timber, granted by the provincial authorities, have 
been revoked, and the practice of cutting and removing the timber has 
been understood by the Government of the United States to have been 
discontinued. Recent cases have also occurred, in which the interposi- 
tioji of the American Government, requested by Mr. Vaughan, has been 
promptly accorded, in the spirit of that rule, ol the expediency of which 
no belter evidence can be required than the necessity which has given 
rise to the present communication. 

The undersigned purposely avoids any observations which can lead to 
a premature discussion on points which are to be submitted to a tribunal 
selected by the two I'owers. However unanswerable he may conceive 
the ai'zuments by which the claim of his country to the teiritory in ques- 
tion may be sustained, he is aware that it can be attended with no advan- 
tage to adduce them on the present occasion. 

The undersigned also regards as inadmissible all attempts to defend 
the exercise of British authority, in the territory referred to, during the 
lime which may intervene before the decision of the arbiter is made, by 
asserting a title derived from possession. Considering the grounds on 
which the claims of the United States are founded, it is not perceived 
how ar'^umenls drawn either front first occuj)ancy or immemorial posses- 
sion <'n be made to bear on the final determination of the principal sub- 
ject ill discussion between the two countries, or how they can affect the 
questi< ri of temporary jurisdiction. Before the independence of the Uni- 
ted St.tes, not only the territory in dispute, but the whole of the adjoin- 
ing I-i<>\ince and State, was the property of a common sovereign. At 
the liiiio of the division of the empire, the United States and Great Brit- 



[ House Doc. No. 90. ] 325 

ain defined, in express terms, tlieir resjicctivc territorial limits ; ;iiul it 
will not, it is presumed, be asserted tliat, on concludinji; the treaty of 
1783, the juiisdiction ol" the one party over the country allotted to it was 
less complete than that which was granted to the other over its territory. 
The treaty hy which the separation ol' the domiiiions of the two Povers 
was ejected may be assimilated to a deed of partition between individu- 
als holdiuii; pioperty in common. From the exchanp;e of ratifications, the 
only doubts which could arise were necessarily lestticted to the inter- 
pretation of its language. Nor has anytiung occurred siifce the revolu- 
tionary war to vary the rights of Great Britain and America. The object 
of the 5th article of the treaty of Ghent was merely to direct the practical 
business of surveying and marking out the boundary line, in order to give 
effect to previous stipulations. 

To avoid, however, any misconstruction that might be drawn from his 
silence on the subject of a possessory title, the undersigned deems it 
'proper to declare that New Brunsw^ick can adduce no claims, by \sbich 
a jurisdiction derived from ])icscr!ption or the first occupancy of the coun- 
try can be sustained ; and he is far from admitting that, in this view of 
the case, the pretensions of the United States are less valid th.an those 
of Great Britain. 

It appears, from the best information that can be obtained, that no set- 
tlement had been made in the territory at present in dispute prior to the 
American Revolution ; that, subsequently to that event, a small one was 
formed at or near the Madawaska, by French fiom Nova Scotia, who had 
always previously resisted -the English authority ; and that, though some 
grants of land may have been made to these settlers by the Provincial 
Governm.ent, before the determination of the river St. Croix, in pursu- 
ance of the treaty of 1794, the acts of authority which took place were 
few and doubtful; nor is it believed that they were, till very recently, 
known to, much less acquiesced in by, Massachusetts, to whom, till the 
separation of Maine, the jurisdiction as well as soil belonged. There was 
little occasion for the employment of criminal process among the lelicsof 
a primitive population, as these settlers were represented to be, of a "mild, 
frugal, industrious, and pious character," desirous of finding a refuge un- 
der the patriarchal and spiritual power of their religion. For the arrange- 
ment of their civil affairs of every description, including their accidental 
disputes and differences among themselves, they were in the habit of 
having recourse to a tribunal of their own establishment, formed of one 
or two arbiters, associated with the Catholic priest. 

The settlement on the Aroostook was made within the last six _\ c.as, 
partly by citizens of the United States, partly by British subjects, but 
with an impression, entertained by the whole community, that they were 
establishing themselves on American territory. It was not, indeed, till 
within three or four years that the Provincial Government undertooi; to 
subject these settlers to civil process ; and last summer, for the first lime, 
proceedings for trespass and intrusion on the Crown lands were in-iitu- 
ted against them. 

The opinion of Great Britain, as to the practical jurisdiction exercised 
over the territory in dispute, so late as the year 1814, may be seen by a 
reference to the proceedings at Ghent. \Vhen proposing a revision of 
the boundary line of Maine, with reference to convenience, and asking 



326 [ House Doc. No. 90. ] 

lliU tiacl now contested ;is a cession, (or which compensation was else- 
where to be made, it is asscited by the Enj2,lish plenipotentiaries " that 
ilie greater part of the territory in question is actually unoccupied ;" and 
strenuous as were the eflbrts of his IMajcsty's ministers to adjust such a 
\arialiun of line as might secure a direct cojjimunication between Quebec 
and llalirax, it nowheie appears that a fat;t so important to their object 
as ibo actual settlement of the country by persons recognising British 
authority was conceived to exist. 

At as early a period as the gradual advance of ^oi)ulation required, 
the u^ual preliminary measures were taken by MassachuhClts, with a view 
(0 the settlement of the vacant lands on her eastern fiontier. In 1801, 
a grant of Mars Hill was made to ceitain soldiers of the Revolution, by 
it public act of the Legislature of the State, which was followed by simi- 
lai' proceedings in favor of others. That the countiy was not occupied, 
in conformity to these grants, is to be ascribed to the delays usually at- 
tendant upon the settlement of an exposed frontier, and to interruptions 
growing out of apprehensions of hostilities with the neighl)oring Piovincc, 
which were realized by the declaration of war made by the United States 
against Great Britain in 1S12. Not only have many acts of authority in 
the territory now in dispute been subsequently exercised by the Stales 
of Mass:K:husetts and Maine, but, in 1820, the enumeration of the setlleis 
on the iNJadawaska took place under the supreme authority of the United 
States, and without, as far as can be ascertained, any remonstrance on 
the part of Great Britain, or of the Province of New Biunswick. 

In the case of the land on which his unfortunate fellow-citizen, now 
i!ii])risoned at Frederickton, was arrested, the undersigned would remaik, 
that, (hough it is situated in a section of country to which the general 
description of Madawaska is applied, tlie territory on which INIi-. Baker 
and other Americans have establis!;ed themselves is to the west of the 
ancient settlement of the French Acadians ; and it is believed that no 
part of the country where they reside, that is to say, of the tract on the 
St. John's, between the Mariumpticook and St. Fiancis rivers, has ever 
been in the possession of persons acknowleilging allegiance to the Biitish 
Government. It thus appears that, to justify the unwarianted exercise 
«)| power, specially coir.plained of, is wanting even the apology of former 
us.ige, unsatisfactory as that would be. 

'J'he undersigned is not ignorant of the inconveniences which may 
arise from the disorder and anarchy to which the inhabitants of the con- 
troverted district may be exj)osed, should no authority be exercised over 
iIkmii, cither by the United States or the neighboring British Pi evince.. 
'I'bis is, howevei-, an c\il, to remedy which does not necessarily demand 
llu! interj)osiiion of New I'l unswick more than of the State of Maine. It 
is an iiiconvenience which the Uiuted States cannot consent to remove 
by subjecting American ton itory to a foreign jurisdiction. It is believed 
that, sliould t!ie settlers be left to themselves, they will institute some 
form of (Government adapted to their condition, as was done for a long 
uiiic on the Madawaska ; that, whether they do or not, it vill be oomiie- 
i( nt to the (governments of Maine and New Brunswick, within their rc- 
sp'M.'tive ack!iowledi,'('d limits, to guard against any disoidcrs. At all 
events, thf (iovernment of (he United States cannot consent to the exer- 
cise of any exclusive British authority within the contested territory, 



[ House Doc. No. 9o. ] 327 

founded on the plea of necessity ; and, as niany of the settlers are in- 
truders on tlie soil, they can have no right (o complain of any disorders 
among themselves, resulting from their own unauthorized acts of intiu- 
sion. 

The undersigned, on this occasion, cannot avoid o!)sorving that the 
inconveniences which confessedly arise from the unsettled state of the 
houndary between the dominions of the United States and Great Britain 
constitute a most powerful reason for the adoption of every measure cal- 
culated to ensure a prompt decision of the main question at issue. A 
convention, formed with a view of submitting the conflicting decisions of 
the commissioners under the 5th aiticle of the treaty of Ghent to the 
arbitration of a friendly sovereign or State, having received the assent of 
both the high contracting parties, became obligatory on them by an ex- 
change of their respective ratifications on the 2d of April last. In the 
same official communication in which the undersigned acquainted the Earl 
of Dudley with his authority to exchange the ratification of the President 
of the United States for that of the King, he announced his having re- 
ceived instructions in relation to the further arrangements contemplated 
by the convention ; and no effort on the part of the United States, which 
could, with propriety, be made, has been wasting to fulfil, literally, the 
stipulations by which the two contracting parties engaged to proceed in 
concert to the choice of a friendly sovereign or State, as soon as the 
ratifications should be exchanged. 

The undersigned would fail in obedience to his instructions, were he 
to conclude this note without declaring to Lord Dudley that, while the 
President hopes that the British Government, participating in the desire 
which he most anxiously feels to avoid all collision on account of the 
temporary occupation of the territory in contest, will effectually inter- 
pose its authority to restrain the Provincial Government from the exer- 
cise of any jurisdiction over it. Such v.n interposition alone will supersede 
those precautionary measures which the Government of the United States 
will otherwise feel itself constrained to adopt. 

The undersigned has the honor to renew to Lord Dudley the assu- 
rances of his highest consideration. 

W. B. LAWKENCE. 

Rt. Hon. Earl of Dudley, &c. 



Mr. Lawrence to Mr. day. 

Legation of the U.mted States, 

London, June 26, 1 828. 

Sir : Aftei" having, at our conference on the 19th instant, disposed of 
(he business in relation to the arbiter. Lord Aberdeen directed the con- 
versation to the subject of the jurisdiction to be exercisiHl over the dis- 
puted territory pending the suit. He seemed to consider an exclusive 
authority derived from a regular Government to be indi.«5pensable ; and 
subsequently proceeded to maintain that to Great Britain this jurisdiction 



328 [ House Doc. No. 90. ] 

belongeil, at least till his Majesty was divested of it, by the deeiaion of 
the aibitei'. 

in teplyin,^ to the observations on the (irst point, I had liltle more to 
i\u than lo repeat the explanations witii wliith you had finnished me, and 
of u Inch I had availed myself in my oliicial note to Lord ])udley. I 
cited the i^overnment w liich the settlers on the Madawaska had establish- 
ed, in Older to point out how the evils of a temporary anarciiy mijiht be, 
in a gieat degree, obviated, without the interposition of either Maine or 
New Brunswick. 1 referred, as I hod done in conversation with his 
lordship's predecessor, to the opinion expressed last summer by Mr 
Canning, in an interview with Mr. Gallatin, and to the convention re- 
irpecting (lie leiiitory west of the Kocky Mountains. Lord Aberdeen 
here inquired whether I could enter into a similar arrangement with 
regard to the country now under consideration. I observed that my re- 
mark had been made merely by way of illustration ; that 1 had, by order 
of the President, made a demand foi- the rediessof a specific injury com- 
mitted on an Ameiican citizen, and had further required that this country 
should abstain from the exercise of exclusive jurisdiction in a territory 
which we maintained belonged to the United States ; that no answer had 
been returned to my reclamations ; and that, therefore, in no event, 
could a new proposition be expected from me ; that it would be compe- 
tent for him, in replying to my note, to make any offer or suggestion he 
might think fit as to the best mode of obviating inconveniences from a 
disputed title, till the judgment of the King of the Netherlands is obtain- 
ed ; and that his proposals, if it should not be in my power to accej)t them, 
would be transmitted to my Government, who would undoubtedly give 
them a respectful consideration. 

The other topic on which Lord Aberdeen touched gave rise to a more 
extended discussion. Taking the same view as Mr. Vaughan had done 
in his corresjjondence with you, he maintained that, whatever might be 
the true boundary, the jurisdiction over the disputed territory remained 
with Great Britain till our title was comjjleted by an absolute delivery 
of possession ; observing that this was the rule of the law of nations in all 
cases of cession. I answered that the principle for which he contended, 
and with v.hich I ^vas r.cquainted, was adopted for the regulation of a 
third Power, or of individuals, in order to prevent the inconvenience 
v.hich would result in an established community from doubts existing as 
to t!ie period when a transfer of authority took place, and a new set of 
duties and obligations commenced ; that in no case couKl one of the con- 
tracting jKuties rejjly to the complaint of the exeicise of jurisdiction in 
the teriit(jry which the other regarded as ceded to it, the fact that it had 
never delivered up the possession. If it has a claim of right, on that 
right, and not on the possession, must it support itself. If otherwise, as 
the withholding of the possession after its being demanded is per se a 
continued injury, to adduce it would be to rely on one's own wrong. I 
lurther remarked that, even considering the treat} of 1783 as one of 
cessioti, every delivery had taken j)lace of which the subject-matter was 
susceptible. 'I'hc territory now disputed was never held by Great Britain 
like a town or fortress. The possession in the Crown, anterior to the 
devolution, was only constructive, of which, assuredly, the renunciation 
in the treaty was fully competent to divest it ; that there had been no 



[ House Doc. No. 90. J 329 

uninterrupted exercise of an authority by the Pjovince of Nova Scoti;i 
or New Brunswick since tlie independence of tlie United Slates; but 
that, on the contrary, as had been elsewliere stated, as much at least 
had been done on our side as on theirs towards obtaining a title by 
occupancy. 

I then proceeded to say that I had thought proper to show tl)at, even 
on the principle assumed by this (iover tunent, its claim of exclusive juris- 
diction was untenable; but that I totally denied that wo held any portion 
of the territory embraced within the original States as a '■^ grant " or 
" cession " from a foreign Power, in the sense which had been attributed 
to those terms. 

After assimilating the state of things lesulting from our Revolution, as 
was done in my ofhcial note, to a division of the empire,! remarked that 
there was nothing in the form of the treaty of peace, or in the circum- 
stances under which it was negotiated, to tead to the conclusion that on 
it depended our claims to territorial sovereignty. Even anterior to our 
separation from the mother country, though we acknowledged the au- 
thority of the King of Great Britain, we had not acquiesced in a Parlia- 
mentary right to interfere with our internal regulations ; an attempt to 
assume this power having been, indeed, one of the causes of the war. 
From the declaration of independence, and long before its recognition 
by England, we concluded treaties with foreign States, and exercised all 
the other prerogatives of an established Government. I also adverted to 
the terms, as well of the provisional articles of 1782, as of the definitive 
treaty of the succeeding jear, in both of which the contracting parties 
treated on the footing of the most perfect equality, the United States be- 
ing considered in the full possession of all the usual attributes of national 
sovereignty. A reference to the treaties with Franco and Spain, with 
respect to Louisiana and Florida, will show that, where real cessions 
were made, a different language was employed than in that of 1783, 
where the terms " relinquishes all claims to the Government, propriety, 
and territorial rights " imply a renunciation of what is no longer in pos- 
session. Lord Aberdeen here interrupted me, and said that the treaty 
was in the nature of a grant or cession, because England gave every- 
thing, and received nothing. To this I replied, that it was not permitted 
to open a solemn instrument, by which an agreement had been fairly and 
honestly effected between individuals ; much less could it be done in the 
transactions between States, in order to inquire into the consideration 
mutually given and received, with a view to change its legal character; 
and that it was, theiefore, unnecessary for rne to say anything as to the 
object which England had in view in saving further war expenditure, 
securing her remaining Provinces, and obtaining the other benefits of 
peace ; and I would only refer to the face of the instrument itself to 
ascertain its nature. If, 1 added, by tracing the boundaries in the treaty, 
England ceded to us the territory on one side of the line, as described 
in the second article, we ceded to her the territory on the other side, on 
which indeed we had, at different periods of the war, more or less pre- 
tension. The most correct way, however, of viewing the subject was 
not to consider that the treaty made grants or cessions to either party, 
but that the line was indicated, as is expressed in the article itself, to 
prevent future disputes; a motive which frequently has led to a conven- 
tion of limits between two Governmeats of equal antiquity. 



330 [ House Doc. No. 90. ] 

As, however, Lord Ab.eideen still intimated that, whatever view other 
nations might lake of the cjuestion, it could not be expected that Great 
Ijiitain would consider the sovereignty of the United States as existing 
anterior to 1783, or regard the recognition of independence, so far as 
territory was concerned, in any other light than a cession, I observed 
that the main question in dispute between the countries having been 
(iisposcii of, it was desirable that dillicukies as to temporary jurisdiction 
should not be occasioned by the discussion of an abstract proposition. In 
the inference which it had been attempted to draw from liie principle of 
cession, connected as it was with the character which had been ascribed 
to the treaty of 1783, I felt confident that my Government could not ac- 
quiesce. If admitted, it might be construed so as to involve the most 
monstrous consequences, and perhaps be applied in other cases than in 
the one under consideration. There was, however, another view of the 
subject, which I would suggest. The independence of the United States 
in general is not only acknowledged by the treaty, but also that of each 
State by name, Massachusetts being enumerated with the others. If we 
divest the question of its national chaiacter, and regard it as a dispute 
between Maine and New Brunswick, succeeding to the respective rights 
of Massachusetts and Nova Scotia, the aigument from the principle of 
cession would operate altogether in our favor, for it can haidly be pre- 
tended that, when Nova Scotia, after having been annexed to Massachu- 
setts under the charter of William and Mary, was transferred to a sepa- 
rate Provincial Government, and subsequently to the French, there was 
in either rase any other delivery of possession of the unsettled territory 
than took place on the conclusion of our revolutionary war. 

I cannot llatter myself that I have been able to change the views of 
Lord Aberdeen, but it is proper for me to add that he said that he would 
give to my observations a full consideration, and requested me not to 
regard what had fallen from him as the final opinion of the British Gov- 
ernment. 

I have the honor to be, with the greatest respect, sir, your most obe- 
dient servant, 

W. B. LAWRENCE. 

Hon. He.nry Clay, 

Secretary of State^ Washington. 



Lord Aberdeen to Mr. Lawrence. 

Foreign Office, August 14, 1828. 

The undersigned, his Majesty's Principal Secretary of State for For- 
eign Alfairs, has the honor to acknowledge the receipt of the note which 
Mr. Lawrence, chaigt; d'aifaires of the United States of America, ad- 
dressed to his Majebty's Piiiicijial Secretary of State for Foreign Affairs 
on the oi\\ of May, containing representalii/US upon certain occurences 
in that district on the northeastern frontier of the United States, the i ight 
of possession of which is now, l)y mutual agreement of the two countries, 
and in compliance with the j)rovisions of the treaty of Ghent, referred 
to the arbitration of a friendly Power. 



[ House rjoc. No. 90. J 331 

Mr. Lawrence's representations, and the demands founded upon them, 
may be conveniently divided into two heads: 

1st. The leprescntation acjninst the arrest of John Baker, a citizen of 
the United States, and residinj; within the said territory, and his removal 
by the provincial authorities of New lirunswick to the capital of that 
Province for trial, on a charge of misdemeanor, and the dcn)and for the 
"liberation of Mr. Baker, and for the grantinc; to him a full indemnity 
for the wrongs which he has suliered by the seizure of his person within 
the limits of the State of Maine, and his subsequent abduction and con- 
hnement in the jail at Fredcrickton." 

2(1, The representation against the exercise of jurisdiction by British 
authorities within the territory in question, and the demand " that the 
Government of New Brunswick shall cease from the exercise of all and 
every act of exclusive jurisdiction within the disputed territory, until 
the question of right is settled between the two Governments of Great 
Britain and the United States." 

The undersigned deems it to be his duty to remark, in the outset, with 
reference to the designation which Mr. Lawrence has given to the place 
wherein John Baker was arrested, as being " within the limits of the 
State of Maine," and with reference also to the phrase "American ter- 
ritory," applied by Mr. Lawrence, in another part of his note, to the 
district in question, that, if the United States consider the tract of country 
wliich forms the subject of the arbitration now in progress as unquestion- 
ably their own, the British Government are, on their side, as firmly con- 
vinced of the justice of their claim to designate those lands as territory 
belon";insi: to the Crown of Great Britain. 

This, however, is not the point for present consideration. The ques- 
tion of sovereignty, which depends upon the definition of the true 
frontier line between the two countries under the treaty of 1783, having 
been referred, agreeably to the provisions ol the treaty of Ghent, to the 
arbitration of a friendly State, it is a question of actual jurisdiction alone 
which can now be discussed, without interfering with the Province of the 
arbitrator ; and between these questions — of sovereignty, and the actual 
exercise of jurisdiction, the undersigned conceives there is a broad and 
clear distinction. 

With these preliminary observations, the undersigned will proceed to 
remark upon the first demand made by Mr. Lawrence ; and, if it has been 
a source of regret to the undersigned that the various and pressing calls 
upon the attention of his Majesty's Government, at this season of the 
year, have prevented him from returning an eailier answer to Mr. Law- 
rence's note, addressed to his predecessor, that regiet is materially 
diminished by the consideration that this delay lias enabled the under- 
signed to put Mr. Lawrence in possession of the proceedings on the trial 
of John Baker, at Frederickton, in New Brunswick, (a copy of which 
he has now the honor to enclose,) which he feels persuaded will, in 
conjunction with the remarks he has to offer upon them, satisfy Mr. 
Lawrence that the prosecution instituted against Jolin Baker by the 
Government of New Brunswick was rendered indispensably necessary 
by the acts of that individual ; that it has been conducted v.itii a scrupu- 
lous regard to justice ; that the sentence which has been passed upon 
him is, under all the circumstances of the case, a lenient one ; and that, 



332 [ House Doc. Xo. 90. ] 

in the whole course of these proceedings, no privilege which Baker 
could justly claim under tiie law of nations has been violated. 

Postponing for the present any answer to Mr. Lawrence's remarks on 
the gencial (luestion of jurisdiction within the district in which Joiin 
Baker resided at the period of his arrest, and assuming, in this place, that 
such jurisdiction did belong to the Government of New Brunswick, the 
undersigned will jiroceed to show, from the history of Baker himself, that 
the exercise of it, in the particular case of that individual, is singularly 
free from any possible imputation of hardship or severity. 

Mr. Lawrence will see, from the repoit of Mr. Barrell, the agent 
specially appointed by the Government of the United States to inquire 
into this transaction, (which report has been officially communicated to 
his Majesty's Government, and is doubtless in Mr. I^awrcnce's posses- 
sion,) that John Baker, who had, from the year 1816 until 1820, resided 
in the British Provinces of New Brunswick and Canada, came, in the 
latter year, to reside in the Madawaska settlement, where he joined his 
brother Nathan, then carrying on trade in connexion with a British mer- 
chant of the name of Nevers, established at the capital of New Bruns- 
wick ; and tiiat, after the death of his brother, in 1821, John Baker 
continued to occupy the land on which his brother had originally settled, 
and to carry on the same business as before, under the said Nevers. It 
furtiier appears, as well from Mr. Barrell's statement as from the evi- 
dence on Baker's trial, that Nathan Baker had, so long ago as the year 
1819, formally admitted the jurisdiction of the Government of New 
Brunswick over his said possession ; that Joiin Baker's partner, Nevers, 
with Baker's concurrence, applied to the Government of New Bruns- 
wick for a grant of the same land, for the benefit of John Haker; that, 
in 1822, Baker himself applied for and received from the Government of 
New Brunswick the provincial bounty for the cultivation of grain upon 
that land ; and tiiat, so late as the year 1825, he had voluntarily applied 
to the British authorities for the enforcement of the British laws among 
the Ameiican settlers, both in civil and criminal matters: from all which 
circumstances it is manifest that the seditious practices for which Baker 
was prosecuted were not committed in ignorance of the authority which 
had uniformly been asserted and exercised by the Government of New 
Brunswick, and of which he had himself, in common with the other set- 
tlers, claimed the benefit and protection. 

It must be wholly unnecessary for the undersigned to insist upon the 
serious nature of the offences tliemselves, with which John Baker was 
charged, and of which he was found guilty. The several acts of outrage 
and sedition proved against him on the trial were such as no Govern- 
ment actually exercising jurisdiction, and therefore responsible for the 
])eace and security of the community existing under its protection, could 
allow to pass unpunished, whether the perjietratois of such offences 
lia|)pened to be its own subjects, or aliens settled within its jurisdiction, 
and (h(;refore owing local and temporaiy ol)edience to its laws. 

Such l)eing the (acts more immediately relating to the individual, Ba- 
ker himself, the undersigned has now to beg the attention of Mv. Law- 
rence to those which relate to the settlement in which he resided. 

It is shown by the report of Mr. Barrell, and confirmed by the evi- 
dence on Bakei'> tiial, that the Madawaska settlement was (oiincd soon 



[ House Doc. No. 90. ] 333 

after the treaty of 1783, by British subjects, descendants of the original 
French colonists of New I3runs\\ ick. 1( is staled on oath by Simon Ilib- 
CMt, a witness on the trial, who lias lived foity years in the settlement, 
and had received a tyrant of land iVom the Piovincial (Government two 
or thiec years after he settled there, that he considered himself to have 
always lived under the Government of New Brunswick, and that all the 
Madawaska settlers lived under the same Government. Testimony to 
the same elfect is given by Mr. Fraser, a magistrate, who has been ac- 
quainted with the Madawaska settlers since 1787 ; and who further 
proves that the settlers had, to his own knowledge, for a long scries of 
years, voted at elections like other subjects of the Province of New 
Brunswick ; and, linally, Mr. Barrell reports that " the laws of New 
Brunswick appear to have been always in force since the origin of the 
settlement ; and that the settlers have acquiesced in the exercise of Brit- 
ish authority among them, and have for many years had an organized 
militia." 

It is further proved by the evidence on the trial, and is admitted by 
Mr. Barrell, that the lands on which Baker resided form part of the 
Madawaska settlement; and the acts of Baker himself, and of his brother, 
who preceded him, show that they consider the land possessed by them 
successively, to be situate under the authority of the Government of New 
Brunswick. 

It is, moreover, not an immaterial fact, that the settlement thus origin- 
ally formed, upwards of forty years ago, by settlers from New Bruns- 
wick, was found by Mr. Barrell, at the period of his visit in November 
last, to contain, out of a population of 2,000 souls, not more than 25 
American settlers. 

This exposition of the substance of the information collected by the 
agent of the United States, corroborated as it is by the evidence on oath 
given before the supreme court at Frederickton, together with the de- 
tailed narrative of the proceedings on the trial, will, the undersigned 
trusts, satisfy Mr. Lawrence that the opinion which he has expressed in 
his note, " that no part of the tract in which Baker resided, had ever 
been in the possession of persons acknowledging allegiance to the Brit- 
ish Government," is founded in error; and tiiat full and substantial justice 
has been done to Mr. Baker. The undersigned will therefore proceed 
to the second point to which he has proposed to advert, namely, Mr. 
Lawrence's demand " that the Government of New Brunswick should 
cease from the exercise of all and every act of exclusive jurisdiction 
■within the disputed territory." 

The consideration of this question naturally brings before the under- 
si'^ned Mr. Lawrence's assertion, "that New Brunswick can adduce no 
claims by which a jurisdiction derived from prescription, or first occu- 
pancy of the country, can be sustained." 

The reply to this allegation has been, in a great measure, anticipated 
in the course of the preceding observations on the case of John Baker. 
But the undersigned desires to call the attention of Mr. Lawrence more 
distinctly to the following important facts : 

First. To the fact ( which the undersigned will state in Mr. Lawrence's 
own words) that " before the independence of the United States, not only 
the territory in dispute, but the whole of the adjoining Province and State, 
was the property of a common sovereign." 



334 [ House Doc. No. 90. ] 

Secondly. To the fact that the United States rest their claim to the 
possession ol" the teiritory upon the treaty of 17S3; hy whicli treaty the 
intlepcndcMice of the United States uas recoji;nised by Great Britain, and 
their boundaries attempted to be defined ; thereby, in etiect, admitting 
the previous title of (ircat Britain to tiic teiritoiy in (jueslion. 

And, in the thiid phice, to the facts (which have either been pioved 
upon oath, on Baker's trial, or admitted by Mr. Barrell, the agent of the 
Ut»ited States) that no actual delivery of tlie territory into the possession 
of the United States has liitheito taken place; that from and immedi- 
ately after the conclusion of the treaty of 1783, whatever rights of sov- 
ereignty have been exercised in that territory, have, until the recent 
attempts of the State of Maine, been exercised by Great Britain ; that 
the lust settlers v.ere colonial subjects of his Majesty ; that the inhabit- 
ants have always hitherto been treated as Britisii subjects ; that they have 
for many years voted at elections like the other natives oi the Province; 
that they have long had an organized militia, and have considered them- 
selves to be living under British protection and jurisdiction ; and that, 
until a very recent period, the right of Great Britain to exercise acts of 
sovereignty within this territory has never been called in question by 
the Government of the United States. Uven in the representation ad- 
dressed by Mr. Clay to his Majesty's charge d'affaires at Washington, on 
the 27th of March, 1825, (which contained the first objection of any kind 
advanced by the Government of the United States to the proceedings of 
the British, in the district jointly claimed by the two Governments,) that 
objection was not directed against the exercise of jurisdiction on the 
part of Great Britain, ( which was then and had long been notorious,) 
but against the depredations of imiividuals ; such as tlie cutting of wood, 
and other acts tending to render the district of less value to the party to 
whom it should finally be assigned. 

In the face of this accumulated evidence that Great Britain has never 
yet been practically divested of her ancient right of jurij^diction, it can- 
not reasonably be contended that the national character of the territory 
lias undergone any change since the period antecedent to the treaty of 
1783. It has, indeed, been formally admitted, both by Great Britain 
and the United States, that the light ef eventual sovereignty over that 
district is a question remaining in dt)ubt ; but it is consistent with an ac- 
knowledged rule of law, that, where such a doubt exists, the party who 
has once clearly had a right, and who has retained actual j)ossessi()n, 
shall continue to hold it until the (question at issue may be decided. 
This territory, therefore, ought, upon every principle, to be considered, 
lor the present, at least, as subject to the authority and jurisdiction of 
Great Britain ; unless treaties subsequent to that of 1783 shall have im- 
posed an obligation on her to j)ursue a different lir.e of conduct with 
lespect to it. 

None of the treati<'S, howevc r, |)ostc'rior to that of 1783, allude to the 
question of jurisdiction ; and liom their silence on this point, it may faii- 
Iv be inferred that the United States, who cannot be supposed to have 
been ignorant of the acts of British authority \vhich had been exercised 
throughout the territory in (juestion for so many years, did not entertain 
any doubt of the riti,ht of Great Biifain in that lespect. P^or if such had 
been the case, they would surely have stipulated for the introduction into 



[ House Doc. No. 9o. ] 335 

the latter treaties, especially inti) tiiat of (ihent, of some provision re- 
spectiiii!; the exercise of that authority against which Mr. Lawrence is 
now instructed to protest. 

The undersigned cannot acquiesce in Mr. Lawrence's extension to 
this question ol jurisdiction of that i ule of forbearance which has been 
inculcated on both sides, with regard to tlje exeicise of otiier acts of 
sovereignty, not necessary ior the due administration of the territory 
now under consideration. With respect to such jurisdiction, the under- 
signed must be permitted to observe tiiat the ciicumstanccs ol' the two 
countries are extremely difl'erent. Tlie United States have never been 
in possession of the territory; their title to it under the treaty of 1783 
is not admitted by Great Britain; and every act of jurisdiction done by 
the United States is an assumption of an authority which they did not 
previously possess. On the other hand. Great Britain has never parted 
with possession ; the jurisdiction which she now exercises is the same 
which belonged to her before the treaty of 1783, and which she has ever 
since that j)criod continued to exercise within the limits of the territory 
in question. The undersigned need haidly point out to Mr. Lawrence 
that there is a very material difference between suspending a jurisdic- 
tion hitherto exercised, and foi hearing to introduce a jurisdiction hitherto 
unknown; and that, while the United States offer to forbear from as- 
suming a jurisdiction which they have never exercised, they are de- 
manding that Great Britain should lay down a jurisdiction which she 
has ever maintained ; and it may be proper here to notice the erroneous 
opinion to which his Majesty's Government, in common with the Govern- 
ment of the United States, are disposed to ascribe the recent attempts 
of the State of Maine to intioduce its authority along the frontier in 
question, viz : that forbearance on the side of the United States might 
he construed into an admisEion of the light of Great Britain to the pos- 
session of the frontier which she claims. Such apprehensions are with- 
out foundation. No such infeience could fairly be drawn from such 
forbearance. But were it otherwise, how much more would the posi- 
tion of Great Britain be prejudiced by her relinquishment of a jurisdic- 
tion hitherto invariably maintained? 

The extent of obligation which, in the opinion of his Majesty's Gov- 
ernment, is imposed upon both patties by the treaty of Ghent, with re- 
gard to this territory, is, that the question of title shall remain precisely 
in the same state in which it stood at the date of that treaty; and that 
neither party shall do any act within its limits, by which the claim of 
the other, as it then stood, may be prejudiced, or by which the country 
may be rendered less valuable to that State to which the possession of 
it may be ultimately awarded. 

It is with this view that the Provincial Government of New Bruns- 
wick have, with the approbation of the British Government, discontinued 
from issuing licenses for cutting wood within the district, and have ab- 
stained from all other acts not absolutely necessary for t^.e peaceable 
government of the country ; and the undersigned is happy to have this 
opportunity of acknowledging the existence of a corresponding dispo- 
sition on ttie part of the General Government of the United States. 

The United States further propose, that, until the arbitrator sliall have 
given his decision, neither Power shall exercise any jurisdiction in the 



OOl 



[ House Doc. No. 90. 1 



toiiitorv. His Majesty's Government are persuaded that the Goveril 
inent of jlie United States will, on lurther consideration, sec the niani 
loUl and seiioiis injuries wliich wouhl result to both Powers I'rom th« 
j-iropoi^ed ariangemont. It would make the districts along the iVontie 
a common refuge for the outcasts of both nations, and introduce anionf 
the present inhabitants, wiio have long lived happily under the jurisdic 
tion of Cireat Britain, lawless habits, from which it would hereafter b( 
extiemely dithcult to reclaim them. It would thus render those districtsi 
ol less value to the State to which they may be ultimately assigned 
while, by the pernicious contact and examj)le of a vitiated population 
it would materially endanger tlie tranquillity and good government ot 
the adjoining dominions of his Majesty and of the United States. 

In declining, however, to accede to this proposition of the United 
States, the undersigned fulfds with pleasure the commands of his sove 
reign, in disclaiming, at tiie same time, in tiie most unequivocal manner, 
all intention of inlluencing the decision of the arbitrator by any argu 
ment ibunded upon the continued exercise of this jurisdiction since the 
peiiod at which the right was first questioned by the United States. 

The undersigned will conclude by observing, that, as no practical in- 
convenience has been alleged by Mr. Lawrence to exist, and as his Ma- 
jesty has renounced any advantage which might be derived in the dis- 
cussion from the continued exercise of jurisdiction during the period of 
arbitration, the British Government conceive that, under all the cir- 
cumstances, it would clearly be more just, as well as more to the advan- 
tage of both countries, to allow the whole question to remain upon the 
footing on which it has hitherto stood, until its final settlement by the 
award of the arbitrator. 

'J he undersigned lequests Mr. Lawrence to accept the assurances of 
his high consideration. 

ABERDEEN. 

William B. Lawrexce, Esq., &c. 



Mr. Lawrence to Lord Abcideen. 
IG, Lower Seymour street, August 22, 1828. 

The undersigned, charge d'alTaires of the United States of America, 
had the honor to receive, on the 14th instant, the note which the Earl 
of Aberdeen, his Majesly'5 Principal Secretary of State for Foreign Af- 
fairs, addressed to him, in reply to an otlicial communication made by 
the undersigtied, on the Jth of May, to the then Principal Secretary of 
Slate for Foreign Allairs, respecting certain acts of the authorities of 
New Brunswick, deemed by the Government of the United States in- 
fractions on their rights of territorial sovereignty. 

The two specific demands which, in consequence of the occurrences 
in (pjestioii, the undei signed, by the President's orders, presented to the 
(lonsideiation of his Majesty's (iovernment, are severally discussed by 
Lord Aberdeen. 

On tin; subject of the first of them, viz : " the liberation of Mr. Baker, 
and the granting to him of a lull indemnity for the wrongs which he has 



[ Ilouse Doc. No. 90. ] 837 

suffered," the undersigned does not deem it expedient, under existing 
circumstances, to add anything to the representations heretofore urged. 
The grounds on wliich this demand was made are helieved to have been 
efficiently set forth in his former note, and it woukl not be proper for 
lim to comment on the British counter statement, without being acquaint- 
ed with the President's views respecting certain proceedings in New 
Brunswick, officially communicated by Lord Aberdeen, and which have 
occurred subsequently to the date of the instructions under which he is 
acting. 

Having tluis assigned the reason for his silence, which is applicable 
as well to the inferences which have been deduced from " the trial of 
John Baker" as to the transaction itself, it can hardly be necessary to 
remind Lord Aberdeen that, if the view which the United States take of 
their rights of territorial sovereignty be correct, all the proceedings re- 
ferred to must be admitted to have been before a tribunal wholly without 
jurisdiction. This topic will not, however, be further enlarged' on, as it 
is presumed that it is not proposed to conclude, by the sentence of a mu- 
nicipal court, the rights of a foreign Power ; and that no greater force is 
attached to the statements alluded to by Lord Aberdeen, as having been 
given in the course of the trial, than would be attributed to any other 
declarations made under the solemnity of an oath. 

How far the United States may regard it as an aggravation of their 
original complaint, that the prosecution in New Brunswick was proceed- 
ed with during the pendency of a diplomatic discussion on the right to 
arrest Mr. Baker, and that he was brought to trial more than two months 
after a formal demand for his release had been made by the American 
Government to the British minister residing at Washington, must rest 
with the President to decide. 

On the reply of the Earl of Aberdeen to the second demand of the 
United States, viz : " that New Brunswick should cease from the exer- 
cise of all and every act of exclusive jurisdiction within the disputed ter- 
ritory, until the question of right is settled between the two Govern- 
ments of the United States and Great Britain," it is the duty of the un- 
dersigned to offer a few considerations, which he conceives are calculated 
materially to affect the grounds on which the application of his Govern- 
ment has been resisted. He is particularly induced to submit these 
remarks at this time, from the circumstance that, as they embrace the 
substance of observations which he had the honor to make to Lord 
Aberdeen in conference, they will come with more propriety from him 
than from the distinguished citizen to whom the interests of the United 
States, at this important Court, are about to be confided, who, however 
superior his advantages in other respects, must necessarily be unac- 
quainted with what may have passed in personal interviews, between his 
predecessors in office and his Majesty's ministers. 

The second demand of the LTnited States is considered in connexion 
with the remark incidentally introduced in the former note of the under- 
signed, " that New Brunswick can adduce no claims by which a jurisdic- 
tion, derived from prescription or first occupancy of the country, can be 
sustained." 

Without repeating here what has been said on a former occasion re- 
specting the inapplicability of a title founded on possession, even could 
I 23 



538 [ Honsc Doc. No. 90. ] 

such a one be established, to the question in controversy, the undersigned 
will proceed brielly to examine the grounds on which the allegation 
taken IrtJiu his note is attempted to be controverted. The three reasons 
on which the disi;ent oi' his Majesty's Secretary of State is founded will 
be e.xaniined in the order in which they are presented. 

The first of them is, " that, before the independence of the United 
Stiites, not only the territory in dispute, but the whole of the adjoining 
Province and State, was the property of a common sovereign." To the 
truth of this statement, which is indeed expressed in the words of the 
unders-igned, no exception is tidien ; but, as the inference which Lord 
Aberdeen would draw from it is not explained, he may be permitted to 
remark that it is not perceived how this historical fact contributes more 
towards establishing a title in JNew Brunswick than in the State of Maine. 
To use the words of a celebrated authority, " when a nation takes 
possession of a distant country, and settles a colony there, that country, 
though separated from the principal establishment or mother country, 
naturally becomes a part of the State, equally with its ancient possessions." 
From the principle here established, that the political condition of the 
people of the mother countiy and of their colonies, during this union, is 
the same, the inference is unavoidable that, when a division of the em- 
pire takes place, the previous rights of the common sovereign, on matters 
equally aflfecting both of the States, accrue as well to the one as to the 
other of them. 

From the possession of the disputed territory by his Britannic Majesty, 
anterior to H 76, a title by prescription or first occupancy might, therefore, 
with the same propriety, be asserted for Massachusetts, of which the 
present State of Maine was then a component part, as for Nova Scotia, 
ihrouf^h which latter Province the pretensions of New Brunswick are 
deduced. 

On the second point, the undersigned conceives it proper to state that 
he cannot admit "that the United States rest their claim to the posses- 
sion of the territory upon the treaty of 1783," in any other sense than 
that in which his Britannic Majesty founds, on the same treaty, his 
claims to New Brunswick. By the instrument in question, which, be- 
sides being a treaty of peace, was one of partition and boundaries, the 
title of the United States was strengthened and confirmed, but it was 
not created. It had existed from the settlement of the country. Where 
this treaty is applicable, it, equally with all other conventional agree- 
ments between nations, is of paramount authority, and many of its pro- 
visions are, from their nature, of a permanent character; but its conclu- 
sion, though it created new claims to territory, did not destroy any prior 
right of the people of the United States that was not expressly renounced 
by it. 

The title to the district in controversy, as well as to all the territory 
embraced in the original States, is founded, independently of treaty, on 
the rights which belonged to that portion of his Britannic Majesty's sub- 
jects who settled in his ancient colonies, now embraced in the American 
Union, and upon the sovereignty maintained by the United States, in their 
national character, since 4th July, 177G. 

To the general rights of colonists, under the law of nations, allusion 
heis already been made. To the particular situation of the inhabitants 



[ House Doc. No. 90. ] 339 

of the country now comprised in the United States, it is therefore not 
necessary further to refer than merely to recall to the recollection of 
Lord Aberdeen that they were not a conquered people, but subjects of 
the King of Great Britain, enjoying the same rights with Knglishnien ; 
and, although they acknowledged the authoiity o( a common sovereign, 
the right of the Parliament of the mother country, in wiiich they were 
unrepresented, to interfere in their internal concerns was never ac- 
quiesced in. 

F\om the declaration of independence, in 1776, the claims of the United 
States, in their navional character, to all the territory within the limits 
of the former thirleen colonies, are dated. Of the fact of their being in 
possession of sovereignty, comprising, of course, the rights of territorial 
jurisdiction, no further proof can be required than that they exercised all 
its highest prerogatives. Nor were these confined to the limits of their 
own country. Treaties of amity and commerce, and of alliance, were 
made with France as early as 1778, and similar arrangements were en- 
tered into by the United States with other foreign Powers, before any 
settlement of boundary was attempted to be defined by convention be- 
tween the American States and the adjacent Provinces. 

The terms, as well of the provisional articles of 1782, as of the defini- 
tive treaty of the succeeding year, may be cited in confirmation of the 
view here taken. By the first article of both these instruments, " his 
Britannic Majesty acknowledges the said United States, viz : New 
Hampshire, Massachusetts Baj , &c., &c., &c., to be (vee^ sovereign, and 
independent States; that he treats with them as such ; and for himself, 
his heirs, and successors, relinquishes all claims to the government, pro- 
priety, and territorial rights of the same, and every part thereof." 

This language is suflficiently different from that employed, where it is 
intended to convey territory by a grant in a treaty, to forbid the applica- 
tion of the rules in the cases of cession to the renunciation of his claims 
made by his Britannic Majesty. 

If, by tracing the limits in the treaty, by which the boundaries of the 
United States were attempted to be defined, England ceded to them the 
territory on the one side of the line, the possessions of Great Britain on 
the other side must be considered as held under a cession from the United 
States. On these Provinces, indeed, the independent States of America 
had more or less pretensions at different times during the war ; and they 
were also entitled to prefer claims to a portion of them, founded on their 
being an acquisition from France at the time they formed an integral 
part of the empire. 

There is, however, nothing in a treaty of partition or boundaries that 
conflicts with the idea of a perfect equality between the contracting par- 
ties. For the purpose of preventing all future disputes, the avowed ob- 
ject of the 2d article of the treaty of 1783, such conventions are frequently 
entered into between two nations of the same antiquity. 

As it is believed that the exposition which has been given is sufTicient 
to show that the character of the right which the United States are enti- 
tled to advance, under the treaty of 1783, does not imply any " admissioa 
of the previous title of Great Britain to the territory in question," con- 
sidered distinct from that of Massachusetts, the undersigned will now 
proceed to examine the allegation made in the third place by Lord Aber- 



340 [ House Doc. No. 90. ] 

deen, " that no actual delivery of the territory into the possession of the 
United States has hitherto taken place, ^' and the further assertion that, 
since the treaty of 1783, until the recent attempts of the State of Maine, 
the rii^hts of sovereignty have been exclusively exercised by Great 
Britain. 

It may be here proper to remark that the delivery necessary to effect 
a transfer of possession is necessarily dependent as well upon the cir- 
cumstances under which property is held, as upon the nature of that 
property itself. 

With respect to a town or fortress, the delivery is made by certain 
distinct, sensible acts. This is important in an established communit}', 
in order to prevent the inconvenience which would result from doubts 
arising as to the period when a transfer of authority took place, and a 
new set of duties and obligations commenced. The same motives do 
not, however, exist with regard to an uncultivated wilderness; and with 
no propriety can the rules which govern in the one case be applied to 
the other. 

Without insisting in this part of the argument, that, from the posses- 
sion of the " common sovereign," independent of that of the provincial 
authorities, anterior to the Revolution, no title in favor of New Bruns- 
^\'u^k could be derived, which would not equally accrue to Maine, it is 
sufficient to observe that it is admitted on all sides that the first settle- 
ments were formed within the last forty years, and that, consequently, 
the possession, at the conclusion of the treaty of 1783, to whichever 
party it legally belonged, was only a constructive one. If the preceding 
views are correct, the constructive possession in question was in the 
United Staies long before the date of the treaty ; and no further acts 
Avere or could have been required to complete any title that might then 
have been confirmed to the American Union. But had any ceremonies 
been necessary, assuredly the solemn one of making the treaty would 
have been suflicient ; and looking to the fact that tiie district was then 
wholly uninhabited, it is diflBcult to conjecture what other formal sur- 
render- could have been conveniently devised. 

It is also to be noticed, in discussing this point, that the treaty of 1783, 
■svhich is long prior in date to the present federal constitution, was not 
made with the National Government exclusively, but, as appears by the 
article already cited, the States were recognised by it as distinct, inde- 
j)eiifierit communities. When it is borne in mind that they arc all enu- 
merated by their ancient colonial names, and that '^ the northwest angle 
of NoAa Siolia" is also introduced as oiie of the points of the boundary, 
it is, without othei corroborating considerations, sufficiently obvious tkat 
the lormci boundaries between Massachusetts and Nova Scotia were in- 
tended to be retained. Under these circumstances, it is not immaterial 
that Nova Scotia ( including, of course, the teriitory in dispute, if it be- 
longs to ihat I'roviiice,) was, by a charter of William and Mary, incor- 
porated in the colony of Massachusetts Bay. By what other mode of 
iiansfci, it may be asked, than that adopted in the case of the United 
States, was that ancient possession of Massachusetts divested, either in 
favor of the sef)arale Provincial Government afterwards established 
there, or of the French, to whom it was restored in 1G97 f If no actual 
dcli\eiy ol the uncultivated lands was made on these occasions, accord- 



I House Doc. No. 90. J 341 

ing to the reasoning of Lord -Aberdeen, the former constructive posses- 
sion of Massachusetts remains at this day in full force. 

Conceiving that sufficient has been said to prove that the Americans, 
supposing them to have a claim of right, either had the constructive pos- 
session at the period of the ratification of the treaty of 1783, or that every 
transfer was made of which the subject-matter is susceptible, it only re- 
mains, on this head, to speak of the possession subsequent to the peace 
of 1783. 

From the nature of things, a title founded on " immemorial prescrip- 
tion" cannot exist among the descendants of Europeans established ia 
America ; but as it is implied, even in a title by " ordinary prescrip- 
tion," that " the proprietor cannot allege an invincible ignorance ; that 
he cannot justify his silence by lawful and solid reasons ; and that he has 
jieglected his right, or kept silence during a considerable number of 
years," it would seem that, while the officers of the two Governments 
were actually employed in ascertaining the boundary, no new prescrip- 
tive title could accrue. 

Without, therefore, noticing any establishment founded during the pe- 
riod that the business of surveying and marking out the boundary line 
was in actual progress, it may be well to consider, for a moment, the 
character of the settlement through which the British claim of possession 
is derived. 

The first inhabitants near the Madawaska river were, as was formerly 
stated, French Acadians, or, in the words of Lord Aberdeen, " descend- 
ants of the original French colonists of New Brunswick;" but as this 
people had, from the period of their subjugation by the joint arms of Eng- 
land and America, to the formation of their settlement, uniformly resisted 
the authority of their conquerors, it is not apparent how they are to be 
considered " British subjects." The claim which either Maine or New 
Brunswick has on their obedience is only one founded on local alle- 
giance ; and the existence of this right cannot be established in behalf 
of either party, except by an assumption of the point in controversy. It 
can, therefore, hardly be seriously contended that such a settlement, aid- 
ed by the recent attempts of New Brunswick to introduce its authority 
by enrolling the militia, and serving process along the frontier, affords 
evidence of a possession as against claimants under a title confirmed by 
treaty, not only of the land actually occupied by the individuals in ques- 
tion, but of an extent of country embracing several millions of acres. 

The undersigned has already disavowed for his Government any knowl- 
edge of, much less acquiescence in, these irregular intrusions on the soil ; 
and, to avoid repetition, he also refers to his former note for an enumera- 
tion of the acts of sovereignty exercised by the American Governments. 

The objections offered to his allegation, " that New Brunswick can 
adduce no claims by which a jurisdiction derived from prescription, or 
first occupancy of the country, can be established," have now been met; 
and in maintaining a position, from the attempt to controvert which Lord 
Aberdeen has drawn important inferences, the undersigned has treated, 
somewhat at length, a topic which, in his previous communication, was 
only incidentally noticed. He then conceived that it would prevent pro- 
tracted discussion, and perhaps render unnecessary the introduction of 
principles on which there was danger that the two Governments might 



342 [ House Doc. No. 90. ] 

not agree, to begin the deductions of the rights of the Powers from the 
treaty of partition, by whicli a separation of tlieir dominions was efi'ected. 

'J'his method seemed also the most expedient, as, so far as the treaty 
■was a|)phcable, it, from its nature, precluded all reference to pre-existing 
titles, ^^hich became merged in it; and it was believed that the ground 
•which it occupied covered the whole matter in controversy. The under- 
signed felt that he might then, without entering at all into the facts re- 
specting the settlement of the country, have contented himself with the 
remark, that, "considering the grounds on which the claims of the United 
States are founded, it is not perceived how arguments, drawn either 
from first occupancy or immemorial possession, can be made to bear on 
the principal subject in discussion between the two countries, or how 
they can atfect the question of temporary jurisdiction." 

Tbe course of reasoning, however, which Lord Aberdeen has adopted, 
does not now leave the undersigned at liberty to omit the preceding ex- 
position ; and he trusts that he has shown that there is no room for the 
application of tbe rule of law cited by tbe British Secretary of State, viz : 
" that where a doubt exists, the party who has once clearly had a right, 
and who has retained actual possession, shall continue to hold it until the 
question at issue may be decided." 

It is a sufficient reply to the inference deduced from the silence of the 
treaty of Ghent, and of previous treaties, as to the exercise of jurisdiction 
by (/reat Britain, that it is evident, from the proceedings on the occasion 
particularly mentioned, that the impression was entertained " that the 
greater part of the territory in question was then unoccupied ;" nor does 
it appear that the French settlement, on which the British possession is 
now supported, was at that time known to the plenipotentiaties of either 
Power. 

The undersigned learns, with regret, that the United States must con- 
sider themselves mistaken in the opinion which they had formed of the 
rule of forbearance inculcated on both sides. They had supposed that 
by it the parties stood pledged to each other to abstain from the perform- 
ance of any new acts which might be construed into an exercise of the 
rights of sovereignty or soil over the disputed territory. As explained 
by Lord Aberdeen, the mutual restriction would apply exclusively to the 
exercise of the presumed rigbts of the respective parties as proprietors 
of the soil, not to their pretensions as sovereigns of the territory. 

It is dilficult to reconcile with the idea now conveyed the assurance, 
given eafly in the last year by the British minister at Washington, that 
"the Lieutenant Governor of New Brunswick cautiously abstains, on his 
part, from exercising any authority in the disputed territory, which could 
invite an encioachinent as a measure of retaliation." And presuming 
that no more was intended to be asked from tlie American (Government 
tbati bis Majesty's autlioiilies were pre])ared to grant in return, the un- 
dersigned cannot understand on what principle, consistent with the rule 
now contended for, complaints were urged by Mr. Vaughan respecting 
the laying out of land into townships, and marking out roads, by the 
agents of Maine and Massachusetts. J lad the im|)rcssion ol the Govern- 
ment of the United Stat(!S been the sanie witb that of bis Majesty's Gov- 
ernment, as now explained, it is not probable that the disparity in num- 
bers between tbe American cili/ens and French Acadians in the disputed 



[ House Doc. No. 90. ] 343 

tenilory, relied on by Lord Aberdeen as a material fact, would have at 
tliis time existed. 

But, as the conclusion of Lord Aberdeen on the demand of the Ameri- 
can Government is founded on the opinion "that the circumstances of 
the two coimtries are extremely diHcrent," and as it is believed that this 
supposition has been proved to be erroneous, the undersip^ned still flatters 
hinir^elf that, on a fuller examination, all objection will cease to a ])roposi- 
tion which has for its motive the prevention of dangerous collisions be- 
tween neighboring and friendly Powers, and that his Majesty's Govern- 
ment will admit the propriety of abstaining from a jurisdiction, the exer- 
cise of which, if persevered in, may lead to consequences for which the 
undersigned is instructed to declare that the Government of the United 
States cannot hold themselves responsible. 

The undersigned takes the liberty of observing that, great as may be 
the inconveniencesof an absence of exclusive jurisdiction on the frontiers, 
they have not been, on other occasions deemed, either by the United 
States or Great Britain, of sufficient magnitude to induce sacrifices of ter- 
ritorial claims, as is abundantly evinced by conventions entered into by 
them respecting othei- territory. 

He would also adduce a fact that has fallen within the scope of his of- 
ficial knowledge, which shows that the opinion of the President was, at 
no very remote period, participated in by one of Lord Aberdeen's prede- 
cessors in oiSce,at the time referred to at the head of his Majesty's Gov- 
ernment. Mr. Gallatin, in a despatch to the Secretary of State o f the 
United States, dated in July, 1827, after speaking of a conference with 
the First Lord of the Treasury respecting the northeastern boundary, ob- 
serves that " Mr. Canning also suggested the propriety of abstaining on 
both sides, pending the suit, from any act of sovereignty over the con- 
tested territory." 

That such a stipulation was not introduced into the late arbitration con- 
vention is probably to be attributed to the supposed adequacy of the ex- 
isting understanding between the parties, and to the fact that no collisions 
of importance, not disavowed, had then occurred. 

Considering the protracted discussion on the case of Mr. Baker, and 
the several other grievances alluded to in tlie note of the 5th May, or 
brought into view by the correspondence at Washington, the undersigned 
cannot account for the conclusion to which Lord Aberdeen has arrived, 
"that no practical inconvenience has been alleged by Mr. Lawrence to 
exist." He would observe, on the remark which Lord Aberdeen founds 
on this allegation, that, if British jurisdiction has been heretofore occa- 
sionally exercised in cases prejudicial to the rights of the United States, 
their omitting to notice these occurrences in a remote section of their do- 
minions, and of which they were ignorant, is wholly different from their 
acquiescing in a transaction where their authority, appealed to by an 
American citizen, has been openly set at defiance. 

The undersigned doubts not that the Government of the United States 
will do full justice to the spirit in which Lord Aberdeen disclaims, by 
command of his sovereign, all intention of influencing the decision of the 
arbitrator by any exercise of jurisdiction over the disputed territory ; and 
he takes this opportunity to remark that it has not been his intention, 
either on the present or other occasions, by any designations which he 
may, for convenience, or for the purpose of expressing the conviction of 



314 [" House Doc. Xo. 90. ] 

bis Government on that subject, have given to the district, to assume as 
uncontroverted any of the points in dispute. He is fully aware that, in 
the face of a solemn instrument, to which his country is a party, setting 
forth that dilferences as to the settlement of the boundary in question 
do exist, and agreeing to refer them to the decision of a friendly sov- 
ereii^n or State, such an attempt, if made, would be worse than useless. 

He has, moreover, endeavored, as far as practicable, to abstain from 
any investigation of the question of right — the true province of the arbi- 
ter. He can now only add his regret that there is not the same accord- 
ance of views between their respective Governments on the subject to 
which this note relates, as was on a recent occasion happily found to exist 
on a more important business, allecting the same territory, which the un- 
dersigned had the satisl'action to arrange with Lord Aberdeen. 

The undersigned renews to Lord Aberdeen the assurances of his high- 
est consideration. 

W. B. LAWRENCE. 
The Rt. Hon. the Earl of Aberdeen, &c. 



Governor Enoch Lincoln to Mr. Clay. 
State of Maine, Executive Department, 

Portland, October 23, 1828. 

Sir : I have received the enclosed document relative to the situation 
of Mr. Baker, the American citizen confined in the prison of New Bruns- 
wick, to whose situation the attention of the President has been paid in 
the spirit which commands the most respectful acknowledgment. 

V'ou have seen the aggravated character of Mr. Baker's conviction, and 
will perceive the unfortunate efiect of his detention, from the necessary 
induence on his health, his property, his happiness, and that of his family, 
by the serious disaster in which he is involved. He remains a prisoner 
under the domination of that Government of which the President, long 
since, demanded his release, with indemnity. Through him, too, ail his 
fellow-citizens are suffering injury ; may 1 not add, doing wrong, by too 
patient an endurance of his o})piession. 

His family is numerous and respectable, and reduced to want by the 
absence of a husband and parent's care. His property was growing by 
his industry and economy, but is falling fast to ruin; and he is a solitary 
American in a foreign jail. In his conduct he has exhibited the utmost 
discreetness ; and while, with the firmness of a freeman, and the dignity 
of a patriot, he has denied the jurisdiction of New Brunswick over his 
person and property, he has submitted with patience to the power which 
it belonged only to Maine and his country to resist. If he shall perse- 
vere, he will deserve to be called truly great ; but it is principally my 
obj(;ct to solicit information whether he cannot be relieved consistently 
with the objects the General Government may be pursuing, so that he 
shall not be made absolutely the victim of tyranny and cupidity. Unwil- 
ling, after the very acceptable interposition of the President, to adopt any 
measure which may not accord with his wishes, and relying on the ener- 
gy with which it is believed every right guarantied by all our constitu- 
tions will be protected, no measure in regard to Mr. Baker has been 
adopted, excepting the one I will mention. Finding that Mr. Baker's 
family are in distress in reference to the means of support, the Council of 



[ House Doc. No. 00. j 345 

this State has unanimously advised the advance of two hundred and 
twelve dollars for their relief, which has been drawn for that purpose 
from the treasury. It is deemed that this will be considered as an al- 
lowance made on account of the United States, and that, to use a mercan- 
tile expression, it will be honored accordingly. In short, it may safely 
be said that the confidence inspired by the demand made in this case by 
the Chief Magistrate of the Union is continued as to all the objects to be 
insisted upon for the redress of the wrong we have suffered. 

As Mr. Deane has been requested to take charge of this concern, per- 
sonally, at the place of the residence of Mr. Baker's family, and is, also, 
in the employ of the United States, under the direction of Mr. Preble, 
it may be of some advantage if you shall honor me with a reply, if it shall 
be received, as soon as your convenience will permit. 
I have the honor to be, &c. 

ENOCH LINCOLN. 

Hon. Henry Clay, &c. 



Portland, October 13, 1828. 

Sir : I am authorized by John Baker to apply for the relief provided 
by the Legislature on behalf of his family. 

As the Government of the United States has recognised his rights, as 
a citizen thereof, to the restoration of his liberty, and an indemnity for 
what he has suffered, it may be proper to make this application with a 
due saving of the claims that have been thus asserted in his favor. 

Mr. Baker desires that a representation may be made of the painful 
situation in which he has been placed for a year past. He expresses a 
suitable sense of what has been done for his benefit, while he is made to 
feel that its only effect has been to give a more determined character and 
continuance to his confinement. 

Mr. Baker, therefore, solicits that such measures moy be taken as may 
serve to procure his release. Although it becomes his duty to wait his 
deliverance, he deems his liberty of too great value to be sold for gain. 

Besides, that he has been impoverished by the repeated seizures of his 
property, and the circumstances of his long imprisonment, by the Govern- 
ment of New Brunswick, his family is in distress for the means of sup- 
port, and without sufficient shelter against the approaching winter, as the 
house which he was erecting, when he was taken from them, was unfin- 
ished. He is also obliged to pay for his own maintenance in prison. 

I have, accordingly, to request such aid and advice as the condition 
and circumstances of Mr. Baker and his family may require, and the Gov- 
ernment of ihe Stale may see fit to extend. 

I am, most respectfully, your excellency's obedient servant, 

C. S. DAVEIS. 

To Governor Lincoln, Maine. 



Mr. Clay to Governor Enoch Lincoln. 

Department or State, 

Washington, J\})vember 6, 1823. 
Sir: I have the honor to acknowledge the receipt of your excellency's 
letter under date the 23d ultimo, transmitting a copy of a letter addressed 



346 [ House Doc. No. 62. ] 

to you by C. S. Davies relative to the case of tlie unfortunate J(»hn Ba- 
ker. The I'residenf, participating with you in the sympatliy felt on ac- 
count of his condition, regrets that the eflorts whicli have been made to ob- 
tain his liberation, and indemnity for tiic wi'ongs which he has suffered, 
liave been hitherto unavailing. Your excellency states that the Council 
of the S'rtte of Maine has advised the advance to Mr. Baker of $212, for 
liis present relief; which is considered to be a proper charge against the 
Federal Government. I am authorized by t!ie President to say that the 
State of Maine shall be reimbursed the sum thus advanced. Your excel- 
lency's diiift for that amount upon this Department will be duly honored, 
whenever ])reseuted. 

1 have the honor to be, with great respect, your excellency's obedient 
servant. H. CLAY. 

His Excellency Enoch Lincoln, Governor of Maine. 



[House Doc. No. 62— 23d Congress, 2d session.] 

Message from the President of the United States, transmitting information 
in relation to the establislimeHt and settlement of the northeastern bound- 
ary of the United States. 

Washington, January 6, 1835. 

To the House of Representatives of the United States : 

In answer to a resolution of the House of Representatives, passed on the 
27th ultimo, ( transmit a rejmrt made to me by the Secretary of State on 
the subject ; and I have to ac(piaint the House that the negotiation for the 
settlement of the northeastern boundary being now in progress, it would, 
in my opinion, be incompatible with the public interest to lay before the 
House any communications which have been had between the two Govern- 
ments since the period alluded to in the resolution. 

ANDREW JACKSON. 



Department of State, 

If'ashington, January 5, 1835. 

To the President of the United States : 

The Secretary of State, to wliom was inferred a resolution of tlr House 
of Re|)resentatives of the 27th ultimo, requesting the President *' to lay 
before the House (if, in his opitiion, it is not incompatible with the public 
interest) any communications which may have been had between the Gov. 
eminent of tlie United States and that of Great Britain, since the rejection, 
by the former, of the advisory o|)iriion of the King of the Netherlands in 
reference to the establislimcnt and final settlement of the northeastern 
boundary f)f the United States, heretofore in controversy between the two 
Governments ;" and also r»'t|iM'sting the President »Mo communicale any 
information he may possess of the exercise of practical jurisdiction, by the 
authorities of the IJritish Province of New Brunswick, over the dis|)uted 
territory witlTm the limits of the Stale of Maine, according to the true line 
of boundary, as claimed l)y the United States, and especially upon that part 
of the territory which has been incor|iorated by the Government of Maine 
into the town of Madawaska j together with such representations and cor- 



t House Doc. No. 62. ] 347 

respondcnce (if any) as have been had by the Executive of that State with 
the Government of the United States on the subject" — has the honor to 
report tliat tije Dejjartment has no information, which has not ali-eady 
been laid before the House, of the exercise of ])ractical Jui'isdiction, by the 
authorities of the British Province of New liiunswick, over the disputed 
territory within the limits of the State of Maine, nor any other representa- 
tion or correspondence had by the Executive of tliat State witli the Govern- 
ment of the United States on that subject. Representations were made to 
this Department in tlie latter partof the year 183^% by the British minister 
at Washington), on the part of the authorities of New Brunswick, complain- 
ing of infractions of the understanding subsisting between the two Govern- 
ments in regard to the disputed territory. I'hese complaints, however, 
on being refeired to the Governors of Maine and Massachusetts, for ex- 
planation, were believed to be without just grounds: there was no complaint 
on the partof Maine, and the correspondence which took place on the occa- 
sion is not supposed to be within the scope of the resolution of the House. 

As the negotiation between tlie United States and Gieat Britain, which 
was commenced, in accordance with a resolution of the Senate, after the 
rejection of the advisory opinion of the King of the Netherlands, for tire 
establishment of the northeastern boundary, is now in progress, it is sub- 
mitted to the President whether it would be compatible with the public 
interest to lay before the House any communications which have passed 
between the two Governments on the subject. 

All which is respectfully submitted. JOHN FORSYTH. 



[House Doc. No. 125 — 24th Congress, 2d session.] 

Message from the President of the United States, transmitting a copy 
of a letter from the Governor of the State of Maine, claiming the 
reimbursem,ent of certain moneys paid to John and Phineas R. Har- 
ford out of the treasury of that State. 

To the House of Representatives of the United States : 

I herewith transmit to the House the copy of a letter addressed to nie 
by the Governor of the State of Maine, on the SOth of June last, commu- 
nicating sundry resolutions of the Legislature of that State, and claiming 
the reimbursement of certain moneys paid to John atid Phineas R. Har- 
ford, for losses and expenses incurred by them under circumstances ex- 
plained in the accompanying papers. 

ANDREW JACKSON. 
Washington, January SO, 1837. 



state of maine. 

Executive Department, 

Mgusfa, June 30, 1836. 

Sir : In compliance with a request of the Legislature of this State, I 
have the honor to transmit to your excellency the accompanying resolutions. 

It will be recollected, that in August, A. D. 1831, a meeting of the in- 
habitants of Madavvaska was held for the purpose of organizing the gov- 
ernment of said town by the election of town officers. A subsequent 



348 [ House Doc. No. 125. ] 

meeting of said inhabitants was held for the choice of a representative to 
reiiresent Ihem in the Legislature of this State. In consequence of these 
meetings, a Uritish nulitar^ force anestcMl several of our citizens concern- 
ed in said jiroceedings. carried them to Krederickton, in the Province of 
New IJrunswick, and there confined them in jail. John Harford, to es- 
cape capture, tied to the woods and secreted himself for about sixty days. 
IJis crops, in consequence, were damaged by tiie irruption of cattle into 
his fields, and he has since been compelled to abandon his land. Phineas 
R. Harford, at the time of the approach of the Uritish military force 
aforesaid, lied to the uj)per settlements of Madawaska, where he was cho- 
sen by the inhabitants to accompany John Baker to Portland, to convey to 
the Executive of this State the situation of affairs at Madawaska, 

For the losses and expenses thus incur-red by the said John Harford 
and Piiineas R. Harford there has been paid to each of tliem, from the 
treasury of this State, the sum of one hundred dollars. 

It has been made my duty, by a resolve of the Legislature of Maine, to 
bring this subject to your excellency's consideration ; and I would respect- 
fully request that the sums paid as aforesaid to the said John Harford and 
Phineas R. Harford may be reimbursed to the treasury of this State by 
the Government of the United States. 

I have the honor to be, with sentiments of high consideration and re- 
spect, your excellency's obedient servant, 

ROBERT P. DUNLAP. 

To his Excellency Andrew Jackson, 

President of the United States. 



STATE OF MAINE. 

Resolve in favor of Phineas R. Harford. 

Resolved, That, for the reasons set forth in the petition of Phineas R. 
Harford, and in full for the losses and expenses mentioned in his said peti- 
tion by him sustained, there be allowed and paid to the said Phineas R. 
Harfoid the sum of one hundred dollars; and tlie Governor, with the ad- 
vice of the Council, is hereby authorized to draw his warrant on the Treas- 
urer for the same. 

Resolved, That the Governor of the State be requested to ask and re- 
ceive of the Government of the United States a reimbursement of the sum 
hereby allowed to said Phineas R. Harford, after the same shall have been 
by him received. 

In the House of Representatives, March 5, 1836. Read and passed. 

JONA. CILLEY, Speaker, 

In Senate, March 7, 1836. Read and passed. 

J OS I AH PIERCE, Preside7it. 
Approved, March 7, 1836. 

ROBERT P. DUNLAP. 

STATE OF MAINE, 

Secretary's Office, 

^Tugrista, Juncl, 1S36. 
I hereby certify that the foregoing is a true copy of the original de- 
posited in this ollice. 

Attest: A. R. NICHOLS, Secretary of State. 



[ House Doc. No. 31. ] 34& 

STATE OF MAINE. 

TuiiAsruY Ovh'iCK, June 2H, 1836. 
I certify that the within-mentioned sum oi' one hundred dollars was paid 
from tliis ollicc, to the order of the within-namid Fhineas R. Harford, on 
tliC 5th day of April last. 

ASA REDINGTON, Jk., Treasurer. 

STATE OF MAINE. 
Resolve in favor of John Harford. 

Resolved, That, for the reasons set forth in the petition of John Harford 
and in full for the losses and expenses mentioned in his said petition, by 
him sustained, there be allowed and paid to the said Juiin Harford the sum 
of one hundred dollars; and the G')veriior, with the advice of tlie Council 
is hereby authoiized to draw jiis warrant on the Treasurer for the same. 

Resolved, That the Governor of this State be requested to ask and re- 
ceive of the Government of the United States a reimbursement of tiie sum 
hereby allowed to said John Harford, after the same shall have been by 
liim received. 

In theHouseof Representatives, March 5, 1836. Read and passed. 

J UNA. CILLEY, Speaker. 
In Senate, Marcli 8, 1836. Read and passed. 

JOSIAH PIERCE, Prm^/en/. 
Approved, March 9, 1836. 

ROBERT P. DUNLAP. 
state of maine. 

Secretary's Office, 

Augusta, June '2.1, 1836. 
I hereby certify that the foregoing is a true copy of the original deposit- 
ed in this office. 

Attest: A.R.NICHOLS, 

Secretary of State. 

STATE OF MAINE. 

Treasury Office, June 28, 1886. 
I certify that the within-named sum of one hundred dollars was paid 
to the within-mentioned John Harford, on the 5tli day of April last. 

ASA REDINGTON, Jr., Treasurer. 



[House Doc. No. 31 — 25lh Congress, 1st session.] 

Message from the President of the United States, transmitting the in- 
formation required by the resolution of the House of the 13th instant y 
upon the subject of the northeastern boundary of the United States. 

Tothe House of Representatives of the United States: 

I herewith transmit to the House of R<'presejitatives a report from the 
Secretary of State, accompanied by copies of the correspondence requested 
by their resolution of the I3th instant. M. VAN BUREN. 

Wasuington, September S,6, 1837. 



350 C House Doc. No. 31. ] 

Department of State, 

ff'asliinglon, September 25, 1837. 

The Secretary of State, to N\hom was referred the resolution of the House 
of Representatives dated the 13th instant, requesting the President to 
communicate to that body, " so far as the public interest will permit, the 
correspondence between the Government of the United States and that of 
Great Britain, relating to the i\ortheastern boundary of the United States, 
since (he message of the late President to the Senate of the United States 
of the 15th June, 183G, and all the correspondence which has taken place 
since that period between the Government of the United States and the 
Governor of the State of Maine, on the subject of alleged aggressions 
upon the rights of Maine by the British authorities," has the honor re- 
spectfully to submit to the President copies of the letters and documents 
requested by that resolution. 

JOHN FORSYTH. 



List of accompanying papers. 

Letter from the Governor of Maine to the Secretary of 

State, (with enclosures,) dated - - March 30, 1837. 

Same to the President (with enclosures) - April 30, 1837. 

Same to same (with enclosures) - -June 27,1837. 

Same to same (with enclosure) - - . June 19, 1837. 

Secretary of State to the Governor of Maine - June 26, 1837. 

Governor of Maine to the Secretary of State (with 

enclosures) . - - - - July 3, 1837. 

Secretary of State to the Governor of Maine - July 14, 1837. 

I Governor of Maine to the Secretary of State -June 27,1837. 

Secretary of State to the Governor of Maine - July 19, 1837. 

Governor of Maine to the President - - July £8, 1837. 

Secretary of State to the Governor of Maine - Aug. 17, 1837. 

Same to same - - - - -Aug. 25,1837. 

Mr. Forsyth to Mr. Fox - - March 23, 1837. 

Mr. Fox to Mr. Forsyth - - - March 28, 1837. 

Same to same ... - -Aug. 24,1837. 

Extract from Mr. Stevenson to Lord Palmerston - Aug. 10, 1837. 



state of maine. 

Executive Department, 

Jugusta, JIarch 30, 1837. 
Sir : In compliance with a request of the Legislature of this State, I 
have the honor to transmit to you the accompanying report and resolu- 
tions. 

I am, very respectfully, your obedient servant, 

ROBERT P. DUNLAP. 
The Secbetart of State. 



f House Doc. No. 31. ] 351 

state of maine. 

House of Rkpbbsentatives, 

starch 29, 1837". 
The Joint Select^ Committee who had under co7isideralion the order re- 

lating to the expediency of calling the attention of Congress to the 

subject of fortifying our maritime and interior froyiticr, have attended 

to that duty, at^d ask leave to present the following report : 

One object of the fedeial compact is '* to provide Cor the coiomon de- 
fence and general welfare." 

In accordance sv'.th these objects of the compact, the Getjeral Govern- 
ment ha?, froiD fime to time, made liberal appropriations for fortifying and 
defending the sevejal States along our extendedjnaritin.e fiontier, west 
and south of the western boundary line of this State ; east of that line, a 
mere trifle has, as } et, been appropriated for tliese objects. 

Maine has a maritime frontier of about five hundred miles in extent, 
following the indentations of her shores; and our interior frontier, bound- 
ing on New Bi'unswick on the east and the Canadas on the north, is about 
six hundred miles in extent. 

Considering this great extent of seacoast, her numerous excellent har- 
bors, her noble livers, and great advantages for ship-building, and her 
proximity to the fishing grounds, probably no State in the Union possesses 
the natural advantages for carrying on this branch of industry that Maine 
does. 

It is a fact woithy of consideration, that all maritime nations have look- 
ed to their fisheries as the nursery of hardy seamen for the merchant ser- 
vice in time of peace, a»)d for the navy in time of war; and, as a great 
question of national policy, (aside from the inducement to encourage this 
branch of business as an unfailing source of natural wealth,) it is deemed 
worthy of the fostering care of all commercial nations. 

Already the navigation of Maine is estimated at more than three hun- 
dred thousand tons, and exceeded by only two States in the Union ; and 
her increase, annually, of tonnage, is greater than that of any other State. 

The abundance of building materials, believed to be inexhaustible, her 
great conveniences for ship-building along her extended seacoast, her 
numerous bays, rivers, and harbors, render it highly probable that tlie day 
is not far distant when the maritime interests of Maine will exceed that of 
any of her sister States. And if reliance can be placed upon the state- 
ments of a scientific engineer of high respectability and standing, who 
has, during the past year, under the direction of the Government of this 
State and our parent Commonwealth, made a geological survey of a por- 
tion of our State, it may be doubted whether the same extent of territory 
on the continent contains more real value, viewed in all its bearings, (the 
facilities of quairying, manufacturing, exporting, and its influence upon 
the great interests of the State and nation,) than is contained in our inex- 
haustible quarries of granite, lime, marble, slate, &c., mines and minerals, 
in which large and profitable investments are already made. Some of 
these branches of business have been carried on for many years, and others 
to a large extent are commencing under the most favorable auspices. 
. These, together with our agricultural, commercial, and manufacturing 
interests ; our immense forests of invaluable timber ; with a water power 
oS vast extent and value; giving us the means of laying the seaports of 



352 [ llouse Doc. No. 31. ] 

tlie Union iindtr a contribution fur ages to come, and wanatiting the be- 
lief that oiji- jjiosent sliijiping interest will be sustained and employed, and 
a great inci-easc required. 

About (iiic tliird oT the most valuable poition of our territory is claimed 
bv (ireat Britain ; and the history of this j)rotracted controversy, from its 
comnieruenient to the jji-esent time, is sucli as to awaken general anxiety. 
"We are admonished, by recent events, that we have not yet reached the 
termination of our toils and en)l)airassments ; and tliey liave awakened 
(he painful api)iehensi«in that our just rights may not be secured by honor- 
able negoliatiun or patient submission to uii}»rovoked injuries. These con- 
siderations, in the opinion of your committee, call loudly for the interposi- 
tion of the General Government, and rc(|uire at tlieii* hands all needful 
prejjaration for possible contingencies. The late Goveiiior Lincoln, nearly 
ten years since, called the attention of the Governnient to the importance 
of erecting a strong fortification in some eligible position on the confines 
of that ])oition of our torritoiy to which an adverse claim is set up by 
Great Britain. In the opinion of youi- committee, the subject has lost 
none of its interest since that period ; but, on the contrary, the events to 
which we have alluded give to it vastly augmented importance j and, to 
our view, irresj)ective of any conditions growing out of the {)resent contro- 
versy, a stiong fortification upon the noitheastern boundai-y of the United 
States, situated far in the interior, arid upon the confines of a foreign 
country, and surrounded by millions of aci-es of fertile land, destined soon 
to be peojjled w ith a numerous po])ulation of hardy yeomanry, is of high 
importance. 

Our isolated situation, being the northeastern boundary of the nation, 
with an interior frontier of upwards of six hundred miles upon a foreign 
country, and a large proportion of our territory lying between two ProV' 
inces of Great Britain, and so situated as to render it greatly 1 > the ad- 
vantage of that nation to possess it ; the inflexible determination w Inch 
she manifests to pursue the course which interest dictates, should not be 
forgotten. The extent of our seacoast, the cxjjosed situation of our sea- 
])oit low IIS, lying w ithin a few hours' sail of the British naval depot in the 
neighborhood of Maine, the disastrous consecjueuces of our defenceless 
situation duiing the last war, the great and increasing maiitime inteiests 
w hich we have at stake, without one single point w here a shij), if depend- 
ent u|)on the United States fortifications, would be safe from the attacks of 
a frigate; these, and the consideration that litde, comparatively, has yet 
been tlone foi- Maine, seem to our view to constitute irresistible reasons 
■why Maine should no longer be forgotten oi- neglected in the common 
defence of the country. 

Through all (lie Iong-|»rotracted struggles, difliculties, and embarrass- 
ments ol our infant republic, this portion of our Union has never been ur- 
gent or iin|ioitunate in pressing its clainjs, but has submitted patiently to 
the force ol" circumstances which reiideied it necessary to defer them. 

JJut, i.i the ))resent altei-ed condition of the countiy ; the national debt 
j)aid off; at a season of universal peace and unexamj)le(l prosperity ; with 
an overbtndened Treasui-y, and when it is deemed necessary, to dispose of 
it, to resoit to measuies whi( h many en)inent statesmen consider unwar- 
ranted by the constitution, and which a great portion of the peoj)le of the 
Union consider a doubtful policy : at such a period, and under such cir- 
cumstances, it is dillicult to perceive the justice of longer withholding 



I House Doc. No. 31. J 353 

suitable approprlafions fi)v the (Icfencc (if Maine ; and, to our view, they 
Can only be uitbbt'ld by doing viidencc to tlie principles of equal rights, 
and b) neglecting a plain ((Misiilndnnal <lnty. 

Your couiinitlee Iberel'ore submit ilii' t'M||o\\ing resolutions. 

STEl'ULN C. FObTlill, Chairman. 



STATE OF MAINE. 

Resolves rein livg to the fortification of frontier States. 

liesolved, That the obligation of the Federal Government, under the 
constitution, when it has the means, to erect a suital)lc fortifications for 
the defence of tlie IVontiei-of the States, is a j)ractical duty, not justly to 
be denied, evaded, neglected, oi- dela\ ed. 

Resolved, 'I'liat our Senators in Congress be instructed, and our Repre- 
senla'ives re(juested to nse their iiilliience to obtain libeial appropriation.s 
for' tlie defence of M.iiiie and (he Union. 

Resolved, That tlie G ivernoi- be r-ecjuested to transmit copies of the 
above report and resoluiions to the President and Vice President, the Sec- 
retaiies of St:»te, Navy, and War, and to each of our Senators and Repre- 
senta(i\es in C(Migress. 

In the Qouse of lle|)iesentatives, March 50, 1837. 
Read and passed. 



In Senate, March 30, 1837. 

Read and passed. 

March 30, 1837. Ajiproved : 



H. HAMLIN, Speaker. 

J. C. TALBOT, President. 
ROBERT P. DUN LA P. 



state of maine. 

Executive Department, 

Augusta, Jipril 30, 1837. 
Sir : In compliance with a request of the Legislature of this State, I 
have the Immko- to transmit to your excellency the accompanying report 
and resolutions. 

In behalf (d' the State of Maine, I would respectfully, yet urgently, call 
on the President of the United Spates to cause the Northeastern boundary 
of this State to be explored and surveyed, and monuments erected, in ac- 
cordance with the request Ciuitained in the re'.'>lulioiis which are herewith 
CtMnmunicaied. As ihe suliject is otse in which the |)eople of Maine have 
a deep Interest, I feel a confidence it will commend itself to your early at- 
tention. 

With high consideration, I have the honor to be your obedient servant, 

ROBERT P. DUiNLAP. 
His Excellency Martiv Van Burex, 

Presiilent of the United States. 
24 



354 [House Doc. No. 31. ] 

STATE OF MAINE. 

In HoCSK of liEPRESENTATIVES, 

February 2, 1837. 
The Ji)'mt CommUtec to whom were referred so much of the Govciuor's 
messa"'c as iclatt's to the INortheasteni houndary, atid the (h)ciiments and 
evidoiici', togi'thcr with an order t)f the two Houses itistriictii)t; the coinmittec 
«»to inquire into the ex|)editMKy (if providing hy law for the a|)i)ointment 
of commissioners on the part of this State, by the consent of the Govern- 
ment of tfic United States, to survey the line between this State and the 
Province of New Brunswick, according to the treaty of 1783, to establish 
monuments in such jilaccs as sliall be fixed by said commissioners aHd by 
commissioners to be an|»()inted on tiie i)art of the Government of Great 
Britain," have attnidt (1 to the duties assigned them, with the industi-y and 
solicitude which tlie importance of the subject demanded, Could the 
committee have sjjared tlie time, and had the means to obtain documents 
not NAithin the jurisdiction of the Slate, and consequently out of its po\\er, 
a more clear, methodical, and jjcrfect view of the subject would have been 
presented : but as there had been hitherto so much procrastination, and 
the impatience of tlie public, already great, was becoming more and more 
intense, your cnmmittoe, \\ithout furtlier pieamble or apology, ask leave 
to present the fidlowing report : 

'I'he Legislature and people of Maine, we believe, will not contend that 
the tieatv-niaking power of the United States does not extend to a final 
adjustment of a disj)uted and undefined line of boundary between a State 
and a foreign nation. But we do insist that no po\\er is gianted by the 
constitution of tiie United States U)liwit or charge thehoundnry of a State, 
or cede a jiart of its ierritcrij ivithout its consent. It is even by no means 
certain how far sticli consent would enable the treaty authoiity to exert its 
powers. Citizens might be made the subjects of a treaty transfer, and 
these citizens, owing allegiance to the State and to the Union, and alle- 
giance and |)rotection being rccipi-ocaliy binding, the right to transfer a 
citizen to a foreign Government, to sell him, might well be questioned, as 
being incojisistent with the sjjirit of our fi*ee institutions. But, be this as 
it mav, Maine will never concede the principle that the President and 
two-tiiiids of the Senate can transfer its territory, much less its citizens, 
without its j)ermission, given by its constitutional organs. 

Your committee, howe\er, deem it but fair to admit that they have dis- 
covered no inclination in the General Government, or any department of 
it, to assume this power. On the contrary, the President has repeatedly 
dediiu'd the ado|)tion of a converitiotial line deviating from the treaty of 
178r), u|)nn the express ground that it could not be done without the con- 
sent of Maine. 

Il is due. nevertheless, to the State of Maine to say, that the committee 
have no evidence that any conventional line has been ])roposed to them for 
their consent. It indeed a|)j)ears that tlie consent of Maine had not been 
ei\en to the adoption of any other boundary tiian that prescribed by the 
treatv of 1783, uj) to the 29th February, 183G ; and we are well assured 
that no pioposition lor a dilVerent boundary has since that time been made 
to anv departuK lit of tl»c Government of tliis State. 

The President of the United Slates, on the 15th June last, communi* 



[ House l>oc. No. 31.] 355 

cated to the Se'iiate, in compliance with their resolution, a copy of the cor- 
respondence relative to the Northeastetii hoiiiuiary. This correspondence 
embraced a period IVoJn the 2lst July, 1832, to the 5(h iMarcIi, 183G. 

Tlie opinion and achiceof the Ring of tiie Nelherlands, to whom the 
controversy was referred by tltc provisions of the treaty of Glient, was 
made on the lOth January, 1831 ; and of the three <|uestions subnjitted, 
viz : the J^^ortheasfern boundary, the nortlnvesternmost head of Conneclicut 
river^ and \Uc forty -fifth parallel of latitude, he seems to liave determined 
but one. He did decide that the source of the stivam running into and 
through Connecticut lake is the true northwest head of that river, as in- 
tended by the treaty of 1783 ; and as to The rest, he advises that it will be 
convenient (il conviendra) to adopt the *' thalweg," tlie deepest channel of 
the St. Jolin's and St. Francis, for the north line ; and that the 45th de- 
gree is to be measured in order to mark out the boundary to the St. Law- 
rence, with a deviation so as to include Rouse's point within tlie United 
States. As to the convenience of establishing the St. John's and St. Fran- 
cis as the northern boundary of Maine, we have only to observe, that, how- 
ever "convenient" it may be to Great Britain to obtain so large a portion 
of our territory and waters, it would certainly be very inconvenient to us; 
and inasmuch as we are probably capable of judging of our own '' conveni- 
ence," and have never solicited the advice of any one on this poitit, it is 
scarcely to be expected that we shall be advised to adopt a line so prepos- 
terous and injurious. 

It was in this view, and in strict conformity with the constitution con- 
ferring the treaty power, that the President, on the 7th Decembei-, 1831, 
submitted to the Senate this ♦• award" and " advice" of the King of tlie 
Netherlands. Senators were divided on a priticipal point ; some insisting 
that to carry the award or opinion into eflect, w as only in execution of the 
treaty, and it therefore belonged exclusively to the President *' to take 
care" that this ''supreme law" was faithfully executed, or to reject it 
.altogether. 

But the prevailing opinion was, that this " award" or '• advice" was 
perfecting an unfinished treaty, and that therefore it could not be effected 
by the ^'resident without "the advice and consent of the Senate, two- 
thirds of the members present concurring therein." So far from the con- 
currence of two-thirds for the measure, there were thirty-four to eight 
against it; and it was consequently rejected, and a recommendation to the 
President was adopted, to open a new negotiation to determine the line of 
boundary according to the treaty of 1783. 

It is insisted by the British ministers that a due north line from the 
monument at the source of the St. Croix will intersect no highlands de- 
scribed in the treaty of 1783. Now this is ai' assumption by Great Brit- 
ain totally unwarranted by any evidence. The boundaries bearing upon 
the question are thus given : «' from the northwest angle of Nova Scotia, 
to wit, that angle which is formed by a line drawn due north from the 
source of the St. Croix river to the highlands, along the said highlands 
which divide the rivers that empty themselves into the St. Lawrence from 
those which fall into the Atlantic ocean, to the northwesternmost head of 
Connecticut river ;" "east by a line to be drawn along the middle of the 
river St. Croix, from its mouth, in the bay of Fundy, to its source, and 
from its source directly north to the aforesaid highlands which divide the 
rivers that fall into the Atlantic ocean from those which fall into the St. 
Lawrence.'' 



356 [ House Doc. No. 31. ] 

The first object, starting-place, or tenniims a qun, is iU'iH jwrllnvest angle 
of JS''ova Scotia. It is the coi-ner of (he Hiiti.sh Province, designated by 
themselves. It was presumed, and it is still believc<l, that they knew the 
itlentical spot; we have aright to demand of them to define it. In ihe 
troiitv of 1783, they were disposed to define it ; and hence they say it is that 
angle ivhich is funned by a line drmrn due north from the source of the 
St. Croix, to those highlands ivhich divide the rivers that flow into the 
St. Lawrence from those which flow info the .Atlantic ocean. 

Nothing can be more clear than tiiat the British negotiatoi's of the treaty 
of 1783 iiad reference to their east and west line between Canada and 
Nova Scotia. This, in 1755-'6, was matter of controversy between 
France and England : the French claiming that it was far south, and the 
British strenuously contending that these very higlilands were even more 
north ihan we have endeavored to fix them. 

The controversy resulted in a war, which, after the capture of Quebec, 
was terminated by the peace of 1763, whereby Great Britain obtained 
both sides of the line ; and she then established the north line of Nova 
Scotia about where we contend it should be. So far from admitting that a 
due north line from the monument will not intersect the highlands intended 
by the treaty of 1783, the State of Maine has always insisted, and still in- 
sists, that no known obstacle exists to the ascertaining and accurately 
defining tliein, and thus establishing the terminus a quo, to wit, the north- 
west angle of jVuva Scotia. It would seem sti-ange indeed, that as this line, 
so fully discussed and controverted between the English and French in 
1755-'6, should have been left unsettled still, when both Provinces became 
British. It is impossible to imagine such ignorance of so important a 
point as this northwest angle, so often referred to and spoken of as a 
notorious monument. 

The peace of 1783 was considered by Great Britain as a grant by metes 
and bounds. The boundaries were prescribed, and this northwest angle 
was the commencement. I'wenty years only before this (1763) Nova Scotia 
had been organized as a distinct Province, then including what are now 
Nova Scotia and New Brunswick : and this angle was referred to as a 
boundary without hesitancy or doubt. Indeed, the treaty itself, as if to 
make assurance doubly suie, fixed it where a due north line from the source 
of tlie St. Croix will intersect those highlands which divide the rivers 
whi^h How into tlie river St. Lawrence from those which flow into the 
Atlantic ocean. This source of the St. Croix has been determined, and a 
monument fixed there by tlie commissioners, under the 5tli article of the 
treaty of 1795, (Jay's.) Now, the assumption that the north line from 
this monument will intersect or meet no such highlands, is entirely gra- 
tuitous. 

The treaty does not speak of mountains, nor even hills, but of ♦< higli- 
lands'' that divide rivers fiowing diflTerent ways. It was well known that 
rivers did fall into the St. Lawience and into the Atlantic; tliat these 
rivers would run down and natnp; and it was consequently inferred that 
the land from whence these rivers flowed must of necessity be high ; and 
unless there are to be found iti tiiat region geological phenomena wliicli 
exist nf)\\iiere else on the face of the globe, this inference is irresistible. 

'I'he truth is, that these highlands have been known and well understood 
by the Biilisli themselves, ever since tlie grant of James the Fir-stto Sir 
"VVilliam Alexander, in 1621. The portioii of tlie boundary tliere given. 



[ House Doc. No. 31. ] 357 

which relates to this controversy, is from tlie western spiiiig-head of llie 
St. Croix, by an imaginai-y line conceived to run through the land north- 
ward to the next road or" Sliip's river or' sjjring, disc harging itself into the 
great river of Canada, and proceeding thence eastward along the shores 
of the sea of the said river of Canada, to the road, haven, or- shore, com- 
monly called Gaspeck — (Gasj)6.) 

The cession of Canada by France made it necessary to defrnc the limits 
of the Province of Quebec ; and, accordingly, his Ur-itannic Majesty, by his 
pr'oclamatiorr of 7th October, 1763, is thus ex|)licit as to what aflects this 
questiorr : " Passing along the highlands which divide the rivers that empty 
themselves into the said river St. Lawrence from those which fall irrto the 
sea, and also along the north coast of the bay de Chaleurs arrd the coast of 
the gulf oi the St. Lawrence, to Cape RosierSf'* &c. 

The act of Parliament of the 14tli Geor'ge III, (1774,) defines thus the 
south line of Canada; "South, by ajine from the bay de Chaleur-s, along 
the highlands which divide tlie river's that empty themselves into the river 
St. Lawrence from those which flow into the sea.*' The north line of the 
grant to Alexander is from the source of the St. Croix to the spr'ing-head or 
source of some r-iver or stream w hich falls into tlie river St. Lawrence, and 
theuce eastivard to Gaspe bay, which communicates with the gulf of St. 
Lawrence itr lat. 49 deg. 30 min., and would make near-ly an east and 
west line. The proclamation of 1763 defines the south lirre of the Pr-ovince 
of Quebec as passing along the highlands which divide the rivers that fall 
into the St. Lawr-ence fr-om tiiose which fall into the sea, and also along 
the north coast of the bay de Chaleur's, to the gulfo^ St. Lawrence. This 
is the south boundary, and consequently in An^east and west direction ; but 
it passes north of bay de Chaleurs, wherefore the south boundary of the 
Province must of rrecessity be north of bay de Chaleurs. The eastern 
boundar'y is norther'ly by the gulf of Cape Rosiers, in about lat. 50 deg. 
long. 64 deg. north of Gaspe bay, and at the mouth of the river St. Law- 
lence, where it communicates with the gulf or sea. And the act of Par- 
liament makes this south side fr'om this same bay along those highlands ,• 
and it must inevitably rzin west, or it is no south boundary. Now, no one 
can doubt that in the proclamation of 1763 it was the intent to adopt Sir 
William Alexander's northern for this southern bourrdai-y of the Pi-ovince 
of Quebec. 

Indeed, it appears in ever'y commission to the Governor of Nova Scotia 
and NeA- Brunswick fr'om 1763 to 1784, and after the treaty of peace of 
1783, that the Pr'ovince of Nova Scotia extended to the southern boundary 
of the Pr'ovince of Quebec. It then ir-r-esistibly and inevitably follows, that 
a west line from the biy de Chaleurs, intei-sccting a due nor'th line IVom 
the monument, is the identical northwest angle. Now, a line from Mars 
hill dir'ect to Cape Rosier-s, instead of being easterly, would be nor-th of 
nor-theast, crossing the bay de Chaleurs. But passing along its north coast, 
as the proclamation provides, the line fr'otn this Mars hill must be more 
northerly still. Indeed, the pretence that a j)yramidal spur or- peak, such 
as this hill, should constittrte t!ie r-angcof highlatuls mentioned in the tr'eaty, 
is so utterly visionar'y tliat it is entitlrd to no sort of respect. 

We may now, by these facts and r'eflections, give this inquir-y a r-ight 
dir-ection, to wit : to the ascertainment of the north boundary of Nova 
Scotia, which is the southern boundary of Canada. We have always been 
lured from this by the British negotiators to the left or west of this nortli 
line from the monument. 



358 [ House Doc. No. 31. J 

No one who is the least conversant with the subject can suppose for a 
moment that tliis northwest angle can be found in such a direction. The 
<jue>tion for us is, Are there any highlands north of the bay de Chaleurs, 
extending in a westerly direction, toycanls a north line drawn from tlie 
monument. -• If tliis line westerly from tlie bay be not distinctly marked so 
far as to inttrsect this north line, the priri( i|)le is to extend it in the same 
direction to the place of intersection : tliat is, if the line between Nova 
Scotia an<l Canada is tcest to within (say) thirty miles of the noi-th line 
from the monument, and the rest of the way is indefinite or obscui'e, extend 
it on in the same direction, until you foini a point of intersection: and this 
will be the noi-thwest angle of Nova Scotia. But the truth is, the high- 
lands are there, and have been found in running due north from the monu- 
ment. Tiie elevations were taken by the Bi-itish surveyor from the source 
of the St. Croix, at the monument, to the first waters of the Ristigouche; 
and at Mars hill, foity miles, the summit of this if-olated sugiu'-loaf was 
1,100 feet; and at the termination of the survey at the Ristigouche waters, 
one hundred miles farther, the elevation was 1,600 feet; consequently, the 
summit of Mars hill, 1.100 feet above the waters of the St. Croix, is 500 
feet lower than the lands at the Ristigouche: and yet the pretence is, that 
there are no highlands but this detached spur. Mars hill ! Still fuither: 
the liighest position surveyed is nearly fifty miles short of the Melis, w hich 
falls into the St. Lawrence; and we do not perceive that the elevations 
ha\e been taken there at all; but we do find it is here that the waters 
separate, and conserjuently the land must be still higher. 

In failuie of highlands, (assumed not to exist,) the British negotiators 
claim a line which, instead of dividing the St. Lawrence and Atlantic 
waters, would actually extend between two rivers, both of xl hich jail inta 
the J//«/i/ic. 

I'o say nothing of the absurdity — not to say ignorance — of such a claim, 
it is enough that it is in the teeth of the treaty itself. It is j)ainful to re- 
peat the ai-gument that no other highlands were intended; for all others 
were ex|)ressly excluded but those which divide tiie waters that flow in 
those different directions. The effect of their construction, as we all 
know, is to give them the whole of the St. John, with all its tributaries, 
and a tract of territory south of that river, efjual at least to seventy-five 
miles s(juare. 

\> hether, from the peaceful spirit of our Government, the Christian pa- 
tience of Maine, or the " modest assurance'' of the British negotiators, 
any or all; certain it is, tiiat his Britannic Majesty's pretensions are ^row;- 
ing every day. It is not only an aftertiiought, but one very recently con- 
ceived, that we were to be driven soutii of the St. John. 

His Brilaimic Majesty's agerit, (Mr. Chipman,) who has been lately 
urging us south of that river, was also agent to the commission under the 
treaty of 1793, to ascertain the true St. Croix, and, in insisting on a more 
western br-anch of (his i-ivei', gives as a i-eason, that a line due noith will 
cross the St. John's farther np, whei-ea;?, if you take an eastern branch, 
such line will cross near hredcrickton, the seat of Government of New 
Brunswick, anil mateiially infringe ui)on his Majesty's Province. He not 
otily admits, hut contends, that this nortliline nmst cross the river, lleie 
are his words: '» 'I'liis north line must <)f necessity (ross the river St. 
John's." Ml-. Listoti, the British minister, in a private leltei- to Mr. 
Chipman of 2.3d October, 179S, lecommendsa modification of the powers 
of the commissioner.s, for the reason that it mi'^hl give Great Britain a 



[ House Doc. No. 31. J 359 

greater extent of nnvigation on the St. John'n river. 'VUc same agent (Mr, 
Clii|niirtii) was also agent under tlie loiiitli artirle of the treaty of (ihcnt; 
and we (ind liini ((intiridiiig tliere, that the northwest angle of Nova Scotia 
is the same designated in the grant to Sir William Vlexander in 1621, 
s»d)ject only to such alteiations as weie occasioned hy the erection of the 
Province (»C Qiiehec in 176S. Now, we have already seen that this south 
lineol the Province of Quebec, so far from altering this noithwest angle, 
in fact confirms it. 

In perfect accordance with this disposition to encroach, is a proposition 
of the British minister, (Mr. Vatighan,) that, inasmuch as the highlands 
cannot be found by a due tiorth direction from the monument, we should 
vary 7V est uutW we should intersect tliem, but not east! Now, that in 
case a mormment cannot be fouml in the course prescribed, you should look 
for it at the left, but not to the right, seems to us a very sinister proposition. 
We have shown, and, as we think, conclusively, that the range of high- 
lands is to be looked for on British ground, and imwhere else ; because it 
it is their own boundary, and a line which must, with an ascertained north 
line, form the angle of one of their own Provinces. And yet we are not 
to examine there at all ; we have never explored the country there, and 
are expected to yield to such arrogant, extravagant, and baseless preten- 
sions! 

We would ask, why, in what justice, if we cannot find the object in the 
route prescribed, are we to be thus trammelled ? where is the reciprocity of 
such a proposition, so degrading to the dignity and insulting to the rights 
and liberties of this State ? No! the people of Maine will not now, and we 
trust they never will, tamely submit to such a one-sided measure. 

The next restriction or limitation with which this negotiation is to be 
clogged, is an admission that the Ristigouche and St. John's are not At- 
lantic rivers, because one flows into the bay de Chaleurs and the other 
into liie bay of Fundy, yet neither falls iitto the river St. Lawrence. 
Tliey would tiien find those highlands between the St. John's and the 
Penobscot. T'here cannot be a more arrogant pretension or palpable ab- 
surdity. Sujipuse the waters of both these rivers are excluded, as flowing 
neither way, still the waters that flow enc/i wrtz/ are so far separated as 
to leave a tract of country which, if ecjually divided, would carry us far 
beyond the St. John's. But we admit no sucii hypothesis. The Atlantic 
and the sea are used in the charters as synonymous terms. The Risti- 
gouche, utiiting with the bay de Chaleurs, which communicates with the 
sea, and the St. Jolin's, uniting with the bay of Fundy, which also com- 
municates with the sea, and that, too, by a mouth of ninety miles wide, are 
both Atlantic rivei's. These rivers were known by the negotiators not to 
be St. Lawrence rivers ; they were known to exist, for they were rivers of 
the first class. If they were neither St. Lawrence iior Atlantic, why 
were they not excepted r They weie not of the former, therefore they must 
be included in the latter description. Indeed, if rivers uniting with At- 
lantic bays are not Atlantic rivers, the Penobscot and Kennebec, which 
unite witli the respective bays of Penobscot and Sagadahock, would not 
be Atlantic rivers; and then, where are those highlands winch divide the 
waters referred to in the treaty of 1783 ? Should we leave this question 
unsettled a little longer, and the British claims continue to increase, we 
might vei'v soon find these highlamls south of the Contiocticut, and all the 
intermediate countiy would be recoLonixied by "construction." We tUere* 



360 [ House Doc. No. 31. ] 

fore invoke the sympathy of all New England, witli New Yoik besides, 
to unite against this progressive claim — tliis avalanclio. wliich tlireatens 
to ovorwhilrn them as well as oitrstlvcs. 

Again : if this Mars iiill (and we confess we cannot speak of the pi-e- 
tensiun with any patience) is the nnrllncest angle, ami liie nuilh boundary 
of >.'ova Scotia and the soutli boiin(lar> of the Province of Quebec are 
the same, and north of the bay de Chaleurs, tlien there is indeed 7<o north- 
west angle ; for a line due north from the monument, j)assing by Mars 
bill, must pursue nearly the same direction to get to the noith of tliat bay 
without crossing it; and who ever thought of an angle at tiie side of a 
continuous line ? Now, according to the British maps, taken in this very 
case, you must I'un a coui-se of noith about fouileen degrees east to obtain 
the north side of the bay w ithout ci-ossing it ; and the distance would be, 
in this almost due north direction, moi-e than one hu»idied miles ; while 
that from the monument to Mais hill would be little more than forty. 
Now, when we consider that this northerly litie must form nearly a right 
angle to pass along the north shore of the bay de Chaleurs ; that this is 
one hun(lred miles fartliei- north than Mars hill, where, instead of an 
angle, there can be only an inclination of fouiteen degrees; can there be a 
greater absui'dity than the British claim, founded on these facts ? 

We will now j)tesent some facts and remaiks in r-egard to the surveys 
and exj)lorings made by the commission undei' the 5lh ar-tic le of the treaty 
of Ghent: and the fii-st fact that occurs i«, that the elevations taken by the 
British surveyoi- stoj) far short of where the waters divide, and we find tio 
proof that these elevations were cairied through l)y our own surveyors. 
If the British surveyor, aftci- asceriaining he was still ascending, and had, 
in fact, arrived at the lands at a branch of a river elevated five hundred 
feet above the summit of Mars hill, Jonud it prudent to st-jp shorty we see 
uo good reason why the American agent did not proceed on and take accu- 
rate elevations at a [)lace where the waters divide. If such a survey was 
made, the committee have not been able to obtain the evidence ; it is not in 
the maps or documents in the library or olfue o( the Secretary of State, 
and the committee believe that no siu h elevations have been taken norther- 
ly of the first waters of the Jlistigouche. it is, indeeil, a little singular 
that we have so little evidence, not only in regard to this height of land, 
but also of the rivers which How into tiie St. Lawrence to the left, and cs- 
pecially to Ihc right of tiie north line from the monument. 

N> e know some of them, to be sure, such as the Oelle. fCamonska, Verte, 
Trois Pistoles, Jlemonskeij, and .Metes, on the left, and the Blanche, Lnnis, 
Magdalen, and others, on the right of this line ; but we know them chiefly 
as on maps, and as transcribed from older maps, but \(.'\-y little from actu- 
al survey, or even exjdoratiun. An examinaiiMii of the sources of those 
rivers at the right of ijiis north linCj with the important inttnral boundary, 
the north shore of the bay de Chaleurs, would accurately define the divis- 
ional line between the I*rovinces of Quebec and Nova Scotia, which, ex- 
tending west, would intersect the due iiortli line, and thus form the north- 
west angle of Nova Scotia. 

It moreover apjiears that little or no exploi'ation has been made of the 
lands cast of tiie due iioi (h line. It seems strange to us. allhongh it may 
be satisfactorily explained, why we should have lieen drawn away from 
this very iiiiportant region. It is, indeed, the true source of iiKpiiry. In 
this direction the evidence is to be found ; and Maine can never be satisfied 
until it is looked for here. 



[House Doc. No. 31. ] 361 

An extraordinary method of adjusting this question, though in perlect 
accordance with other pretensions, has been j)n>p(ise(l by Great Britain — 
that the disputed territory sliould be divided in equal jjortions, eacli party 
being satisfied of ll»e justice of its claims. To tliis proposition we cannot 
subscribe. It is equally unjust between nations and individuals. NVhcth- 
er a party in contioversy is satisfied or not with the justice of his claims, 
is what is only known to himself; and, constMiuently, the one whose claims 
are most exorbitant, however unjust, will always get the best end of the 
bargain. But such a rule would, in this case, apply most unfortunately 
to Maine. We are limited, at farthest, to the St. Lawrence, atnl to a very 
narrow point there ; while the Britisli may extend their claims to the south 
and west indefinitely. Establish this principle, and we shall soon find 
their claims, already so |)rogressive, stretched over to the Piscata(jua; and 
then if we are to divide ecpially bolij as to quantity and quatitij, the 
divisional line would fall south of the Kennebec. If the want of the con- 
sent of Maine is the obstacle to such an adjustment, we tiaist it will always 
remain an insuperable one. Indeed, we protest against the application to 
us of such a rule, as manifestly unequal and unjust. 

We come now to the recent transactions of the British colonial authori- 
ties, sanctioned, as it appears, by the Government at home ; and we regret 
to perceive in them, also, those strong indications of continual and rapid 
encroachment which have characterized that Government in the whole of 
this controversy. Mr. Livingston, in his letter of the 21st of July, 1832, 
proposes that, ''until the matter be brought to a final couclusion, both 
parties should refrain from the exercise of jurisdiction ;" and Mr. Vaughan, 
in his reply of 14th April, 1833, in behalf of his Government, *' entirely 
concurs." Here, then, the faith of the two Governments is pledged to 
abstain from acts of jurisdiction until all is settled. Now, how are the 
facts ? We understand, and, indeed, it appears by documents herewith 
exhibited, that an act has passed the Legislature of New Brunswick, 
" incorporating tlie St. Andrew's and Quebec railroad company ;" that 
the King has granted £10,000 to aid the enterprise, and tliat the Legisla- 
ture of Lower Canada, by its resolutions of both Houses, lias approved 
the scheme and promised its co-operaticn. It may be that the Government 
at home was not aware that this railroad must inevitably cross the dispu- 
ted territory. 

But this ignorance of the subject seems incredible. A railroad from 
St. Andrew's to Quebec would be impossible, unless it crossed the territory 
in question ; even next to impossible, and totally useless, were it to pass to 
the north of St. John's. It seems therefore extraordinary indeed, that 
the British Government, even in the incipcnt stages of this enterprise, 
should make an appropriation wliich is in direct violation of its solemn 
l)lcdge. To give to a railroad corporation poweis over our riglits and 
property, is the strongest act of sovereignty. It is an act of delegated 
power wliich we ourselves give to our own citizens with extreme caution, 
and with guarded lestrictions and reservations. Tliis railroad must not 
otily cross the disputed territory, but it crosses it fifty miles south of tlie 
St. John's, and almost to the southerly extremity of the Briti^,h claim, ex- 
travagant as it is. By the map herewith exhibited of the survey of the 
route, it appears that the road crosses our due north line at Mars hill ; 
thence, doubling round it towards the south, it crosses the lioostic between 
the Great and Little Machias; the Meguush at the outlet of First lake, a 



362 L House Doc. No. 31.] 

brancli of ihe Sr. John's south of BUich river, and j)asscs into Canada 
bctwctri »'S|)ruce hills" on the right, and "Three hills" on the left; 
thus crossing a tract of country south of the St. John's, one hundred by 
fifty miles. We have not a copy of the act of incorporation of New 
Biuris\\i( k, and cannot, therefore, say that the route there defined is the 
same as on the map. lie this as it may, ( ertain it is, as any one will see, 
that no possible route can be devised which will not cross the tei-ritory in 
que^iion. It is, then, a deliberate act of jjowei-, palpable and direct, claim- 
ing and exercising sovereignty far south e\cn of the line I'ccotiimended 
by the King of the Netherlands. 

In all our inquiries and examinations of this subject, there has been great 
negligence in regard to this northwest angle. Judge Benson, one of the 
commissioners under Jaj's treaty, in a letter to the President of the Uni- 
ted Slates, expressly and clearly defines this angle. lie states distinctly 
that the due nor-th line fr-om the sour'ce of St. Croix is the west side line, 
and the highlands ar-c the north side line which form this angle ; and this 
had never been questioned by the British themselves. 

The due nor ih line, viz : the west side line, was established by the com- 
mission of which Judge Bensorr was a member-, and the British have made 
the north side line to be north of the bay de Chakurs; and yet, with these 
posUilates, to pr'etend that the points of intcr'section cannot be found, is one 
of the greatest of their absurdities. And another absurdit}- quite equal is, 
that, after |)assing west along the north shore of this bay, they would fall 
down nearly south more than one hundr-ed miles to Mars hill, about sixty 
miles from the south shore of the Pr-ovince, at the bay of Passamaquoddy, 
whichjis a part of the bay of Fundy ; and this point, too, of so little incli- 
nation, that it is a palpable perversion of language to call it an angle, 
much more a northwest angle. 

It is indeed time for us to begin to sear'ch, and in the right places too, 
irr order- to put a stop to these j)erpetual encroachments upon our territory 
and rights. Our first object should be to ascertain and tr-ace the north 
boundary of Nova Scotia, which is the south boundar-y of the Pi-ovince of 
Quebec, and sec if Canada comes as far down as Mars hill. And we 
should pr-ocecd to finish taking the elevations on the due north lirre to some 
])oint where the waters divide. The General (jovernment should be imme- 
diatily called on to execute the work, with the co-oper-ation of Massachu- 
setts and Maine. Notice sliould be given to the British author-ities to urrite 
in the under taking, and, if they refuse, our Gover-rjmcnt ought to proceed 
ex parte. The act would be entirely pacific, as the object would be to as- 
certain fuits ; much more pacific than the sur>ey, without notice, o( \\\e 
St. Andrew's and Quebec railroad through our territor-y — not for tlie \)uv- 
])ose <»f ascertaining a boundary, but to assume jur-isdiction. 

Your coniiiiittee |ta\e giMie through this tedious investigation with all the 
delilicratiitn, exa( triess, and candor-, which our- time, means, and feelings 
would allow. Our animadversions m.kv, in some instances, have been 
strong, and even severe ; hut we think wr« have expr-essed the sentiments 
and licliiigs of the people of Maine, suder-ing under- jir-otr-acted injuries. 
I'his State should take a fir-ni, ileliber-ate, and dignified stand, and one 
whnhit will not retract. While it awards to the Gener-al Governnient 
all its legitimate powers, it will not be foi-getful of its own. We callirpon 
the President and Congress ; we invoke that aid and svmpatliy of our sis- 
ter States which Maine has always accur-ded to them ; we ask, nay, we de- 



[House Doc. No. 31. ] 



363 



mand, in the name of Justice, now lox; we are to be thus trampled down 
hy a (bieign iicoplc ? and we ttust we shall meet a cordial and patriotic 
response itt the breast of every republican of the Union. 

Your committee, therefore, submit the following resolutions. 

L. J. HAM, -^ 

NATIl'L S. LITTLEFIKLD, | 

SAMUEL P. liExNSON, )> of the Senate. 

EBKNEZER HIGGINS, 

JOHN R. REDMAN, J 

JOHN HOLMES, 

J. A. LOWELL, 

NATHAN IDE, 

DANIEL SMALL, 

S E W A LL P R E S C OTT, Kof the House, 

EPHRALM WEEKS, 

JAMES B URBAN K, 

CHARLES HUNT, 

JOHN D. RICHARDS, 



STATE OF MAINE. 
Resolves relative to the Northeastern boundary. 

Resolved, That we view with much solicitude the British usurpations 
and encroachments on the northeastern part of the territory of this State. 

Resolved, That pretensions so groundless and extravagant indicate a 
spii-it of iiostility which we had no reason to expect from a nation with 
whom we are at peace. 

Resolved, That vigilance, resolution, firmness, and union on the part of 
this State, are necessary in this state of tlie controversy. 

Resolved, That the Governor be authorized and requested to call on the 
Pi-esident of the United States to cause the northeastern boundary of this 
State to be exploied and surveyed, and monuments erected, according to 
the treaty uf: 1783. 

Resolved, Tliat the co-operation of Massachusetts be requested. 

Resolved, That our Senators in Congress be instructed, and our Repre- 
sentatives requested, to endeavor to obtain a speedy adjustment of the con- 
troversy. 

Resolved, That copies of this report and resolutions be ti-ansniitted to the 
Governor of Massachusetts, the Presi<ient of the United States, to each of 
our Senators and Representatives in Congress, and other Senators in Con- 
gress, and tiie Governors of the several States. 

In the House of Representatives, March 24, 1837. Read and passed, 

H. HAMLIN, Speaker. 

In Senate, March 25, 1837. Read and passed. 

J. C. TALBOT, President. 

March 25, 1837. Approved : 

ROBERT P. DUNLAP. 



364 [ House Doc. No. 31. ] 

staie of maink. 

Executive Department, 

Jngnstd, June 27, 1837. 
Sir : I lose no time in cominuiiicatiiig (o ymiv excellency a co|iy of a 
letter from Sir JdIiii Harvey, Lieutenrtiit Governor of the Province of New 
Brunsv\ick, and also a letter IVoin J. A. Maclanclilan to Sir John llarvcy, 
in relation to the arrest and iinpt isotnnent ot Ebenezer S. Greely. 

I have the honor to be, with high considerations, your obedient servant, 

JiOHKllT r. DLNLAP. 
His Excellency iMartiv Van Uuhen, 

rresidcnt oj the Uniled Slates. 



Government House, Frederickton, N. B., 

June 12, 1837. 

Sir : Since I had the honor of addressing yonr excellency under date 
of the 6th instant, annonncing my assnmption of the administration of this 
Government, a rej)ort has been laid before me by the warden of the dis- 
l)uted territory, a copy of which I feel it to be an act of courtesy towards 
your excellency to lose no time in commniiicating to you. 

In including the territory within the limits of the British claim in the 
census which '< Ebenezer Greely" appears to have been instructed to take 
of the poj)ulation of the county of "Penobscot,*' !ie has e\idently acted in 
ignorance or urider a misconception of the subsisting relations betwixt 
England and the United States of America, which I cannot allow myself 
to doubt that your excellency will lose no time in causing to be explained 
and removed. Though necessarily conimittcd to confinement, J have 
desired that every regard may be shown toGreely's personal convenience, 
consistent with the i)i/sition in which he has " ro/j/»/«n7y" placed himself : 
1 use this exjjression, because, as your excellency will observe, Greely was 
informed by the warden tliat if he would desist from the act in which he 
was engaged and the language which he was holding to the people of the 
Madawaska settleujent, (acts constituting not only an interference with 
the acknowledged rights of Jurisiiiction of tliis Province, but the jjositive 
exercise within its limits ol actual Jisi is iiitioii. however unauthorized, on 
the part of tlie State of Maine,) and would withdraw from this district, he 
should be allowed to do so ; otherwise, that, in l!ie discharge of the duties 
imposed upon him by hisolhce, he (the warden) who is in the conimission of 
the peace, must be under the necessity of apprehending liim, in order to make 
him amenable to the laws of the Pi-o\ ince. Tiiis pi-ojiosal Gi-eely irjected, 
and was accordingly coinniitted to jail, to be dealt witli according to law. 
In the mean time. ;is an evideme of my desir-e to cultivate the most friendly 
nndei^tanding with tiie (ioveinmi-nt of tiie State ol which Greely is a citi- 
zen, I lose no time in spying that, upon receiving an assurance from your 
excellency that your author ily shall be exerted in restraining this or any 
olhci- citizen of the State of Maine from adi»piing pr-oceedings within the 
Br-iiish limits, (as claimed,) calculatiMJ to infringe tlie aullriniiy and Jur-is- 
dition of this i'r-ovince, and to disiurl) am) uiiscttU" the minds of that por- 
ti(jirorits inhabitants residing in tiie disjjiited ter'r itories, irnlil tire (jues- 



\ House Doc. No. 31. J 365 

tion in dispute be broiigljt to a final settlement, Greely shall be immedi- 
ately enlaii^i'd. 

Trusting lliat your excelleiuy will see in tliis proposition an anxious 
desire on my part to redeem tbe pledge given in my communication of the 
6th instant, 

1 have the honor to be your excellency's most obedient, humble servant, 

J. IIAUVEY, 
JIaJ. Gen.f Lt. Governor, ^c. 

His Excellency the Governor 

of the Slate of Maine. 



Frederickton, New Brunswick, 

June 10, 1837. 

May it tlevse your Excellency : In obedience to your excellen- 
cy's instructions, cominiinicated to me through the Advocate General, in 
in the absence of the Attorney and Solicitor Generals, I have now the hon- 
or to report, for the informatio'i of your excellency, that I proceeded with 
the least |»ossible delay to the Madawaska settlement. On my arrival at 
the Great falls, one hundred and tliiriy miles from hence, I was informed 
that the American citizen, Ebcnezer S. Greely, had passed up the day 
previous, for the purpose of again |)roceeding with the census of the inhab- 
itants of Madawaska, under autbority from the State of Maine. Aware 
of the probable excitement that would naturally arise between the two 
Governments from this circumstance, and at the same time fully convinced 
that his Majesty's Government would but i egret any unnecessary misun- 
derstanding during the pending negotiation, I thought it advisable to call 
upon Mr. Coombs, a magistrate residing twelve miles above tiie falls, and 
re(|uest him to accompany me, which he readily did, to witness the con- 
versation between Mr. Greely and myself. 

We then proceeded, and overtook Mr. Greely a short distance above 
Green river, about twenty-four miles from the falls, having ascertained 
by the inhabitants, as he passed up the river, that Mr. Greely was the 
whole of the previous day employed in taking down tiieir names, number 
of each family, and stating they would shortly receive from the State of 
Maine a sum of money not exceeding tlin^e dollar s for each head of family, 
out of the sur'plus revenue of the United States. 

I required Mr. Gieely t(» show me his instructions for exercising author- 
ity in Madawaska, when he handed me a document, a copy of which I 
beg to enclose to your excellency, and, after perusing the same, I returned 
it, with my opinion that I leally thought he (Mr. Greely) had mistaken 
the intention of his instructions, as no allusion was made eitiier to that 
settlement or the territory in dispute, and therefore, if he would then de- 
sist in taking the census, I would take no notice of what had |)assed. More- 
over, in re|)ly to my advice and re(|uest, he (Mr-. Gr-eely) remonstr-ated, 
and attem|)ted to make it appear that he would be fully borne out by his 
Government in what he had done; and that it was also his intention to 
complete the census if he was not jjrevented. This reply I r-egret ; having 
left me no alternative but to make him a prisoner-, which I did on Wed- 
nesday the 7lh irrstant. On Friday evening I arrived at Frederickton, 



366 [ House Doc. No. 31. ] 

and this morning, (Saturday.) by the advice of the Advocate General, I 
cominitti'd him to thf jail ot the county of York. 

I have the honor to be your excellencyVs most obedient, luunble servant, 

J. A. MACLAUCHLAN, 

Warden of tlie (lisimted territory. 

His Excellency Maj. Gen. Sir John Harvey, 

Lieutenant Governor, SfC- 



STATE OF MAINE. 



Executive Department, June 19, 1837. 



Sir : I have the honor to enclose ti» your excellency the copy of a letter 
which came to han.l by tlic last mail, by which it a])i)ears tliat Ebenezer 
S. Greely, Esq., the agent em|)loyed by the county commissioners lor the 
county ot" Penobscot to take the census of the town of Madawaska, has 
been arrested by the authorities of the Province of New Brunswick, and is 
now incarcerated in the jail at Frederickton. 

Ill this state of things it becomes my painful duty to make this commu- 
nication to your excellency, and to insist that prompt measures be adopted 
by the Government of the United States to efl'ect the early release of the 
aforementioned citizeti. 

1 have the honor to be, with great respect, vour obedient servant, 

ROBERT P. DUNLAP. 

His Excellency Martin Van Buren, 

President of the United States. 



Frederickton, Province or New Brunswick, 

June 12, 1837. 

Sir : On the 15th of May last, I was appointed by the county commis- 
sioners of Penobscot county to take the census of Madawaska. On the 6th 
of June instant, I was arrested by Mr. Maclauchlan, from this place, and 
committed to jail by him, and there I now remain in the prison at Fred- 
erickton. I was committed on the lOlh instant. I addressed a letter to 
you on the KJtli, which has gone by the way of St. AndrevN's. Fearing 
that letter will not arrive soon, 1 write again to-day by way of Houlton. 
I have described my arrest m«ne particularly in my first letter, which you 
will undoubtedly receive before long ; therefore, I only give the facts in 
this, having a chance, by tiie assistance of Mr. Lonibard, of Ilallowell, of 
forwarding this to Houlton privately. I was employed in business of the 
State, and do expect my Go\erntnent will intercede and liberate me from 
prison in a foreign ami a(!ja':ent Province. I shall be pleased to receive a 
line from you exj)ressir)g your- ojiinioir, direction, ^.c. 

I remain, sir, respectfully, your obedient servant, 

EBENEZER S. GREELY. 

KoBEUT r. DuNLAP, Esq. 

Governor oj Maine. 



[ House Doc. No. 31. ] 367 

Depautment of State, 

IVashington, June 26, 1837. 

Siu : I have the honor, by direction of the I'l-esidcnt, to acknow ledge 
the receipt of your letter to him of the I9tli iiista?it, enclosing the copy of 
a communication dated the 12th of the same month, addiessed to you by 
Ebenezer S. Greely, Escj., the agent (Mnployed by the county commission- 
ers for tlie county of Penobscot to take the census of the town of Mada- 
waska ; from which it appears tliat he has been arrested by tlie authori- 
ties of the Province of New Brunswick, and is now in confinement in the 
jail at Frederickton ; and insisting that prompt measures be adopted by the 
Government of the United States to effect the early release of the above- 
named citizen. 

The circumstances attending this outrage, as given in Mr. Greely's 
letter, are not sufficient, in tlie view of the President, to warrant the in- 
terfeience of the Government at p-esent. For what cause, at what place, 
and by what autiiority, the ai-rest was made, is tiot stated. The necessary 
explanations may be found, perhajjs, in the [irevious communication which 
Mr. Greely refers to as having been addressed to you by him on the lOth 
June; if not, it is j)robable that you will easily be able to obtain explicit 
information from other sources, and communicate it to this Department. 
It is indisj)ensable that a full knowledge of all the facts illustrative of the 
case should be in possession of the Government before any formal appli- 
cation for redress can be properly preferred. 

In the mean time, I have, in conversation, unofficially called the atten- 
tion of Mr. Fox, the British minister at Washington, to this complaint; 
and he has given me an assurance that he will immediately address a 
representation on the subject to the Governor of i>Jew Brunswick, request- 
ing, unless there shall be some very extraordinary reasons against it, that 
Mr. Greely may be set at liberty. 

I am, sir, vour obedient servant, 

JOHN FORSYTH. 

Hi9 Excellency Robert P. Dunlap, Esq., 

Governor of Maine, 



STATE OF MAINE. 

Executive Department, Jji/y 3, 1837. 

Sir : I have had the honor to receive yours of the 26th of June last, in 
which, by direction of tiie President, you indicate that the circumstances 
detailed in Mr. Greely's letter relative to his arrest and impi'isonment 
are not, of themselves, without fuither explanation, sufficient to justify the 
interference of the Government of the United States. This information 
is received witli some surprise, and much regret ; surprise, because I had 
understood Mr. Greely's communication to show that, while employed 
within the limits of this State, and under its authority, on a business in- 
trusted to him by the laws of the State, he was, without being charged or 
suspected of any other oR'ence, seized and transported to a foieign jail ; 
regret, inasmuch as the feelings of the people of this State have been 
strongly excited by this outrage upon the honor and sovereignty of Maine ; 
and each additional day's confinement which that unoffending citizen en- 



368 [ House Doc. No. 31. ] 

diircs, is adding to the indignation oF our citizens. I therefore hasten to 
lav before you a siininiary of the transactions connected witli tiiis sul)Jecf, 
as they aie gathered from Mr. Gi-eely's coniinunications to this Depait- 
nient. 'Jlie facts arc to be consideied tlie less indisputable, because they 
arc in the main confii'med by the statements contained in the letter of the 
Lieutenant Governor of the Province of New Biunswick, by whose order 
the inq)iisonment was made, and a copy of which I recently had the honor 
of tiansmitling to the Presiilent. 

Oi the 8th day of March last, the Legislature of this State passed an 
act lelative to tlie sui-plus revenue, a copy of whicli is enclosed ; to the 
eleventh, twelfth, and thirteenth sections of which I beg leave to refer 
your attention. An additional act was passed on the 29lh day of March 
last, a cojjy of which 1 also enclose. By this last-named act, it became 
the duty of the county commissioners of Penobscot county to cause an enu- 
meration to be taken of the inhabitants of said county residing north of 
the surveyed and located townships. The tract thus defined comprised 
the town of Madawaska, wiiich was incori)oi'ated by this State on the I5tli 
of Mai'ch, 1831. Pursuant ir, that reciuirement, the county commissioners 
of said county appointed Ebenezer S. Grcely to perform that service; 
and, being duly commissioned, he forthwith |)ioceeded to the place desig- 
nated, and entered uj)on the lequired opeiations. Being thus employed, 
he was, on the 29th day of May last, arrested by the authorities of the 
Province of New Bi-unswick, and conveyed to AVoodstock, in the county 
of Carleton, in said Province ; but the sheriff of the county refused to com- 
mit him to jail, and he was accordingly discharged. lie immediately 
retui'ned to the Madawaska settlements, to enter again ujjon the duty in- 
trusted to him. On the 6th day of June last, he was arrested a second 
time by the same authorities, and committed to the jail at Frederickton. 
It is for this act of obedience to the laws of his Government, that Mr. 
Greely now lies incarcerated in a public jail in the Province of New Bruns- 
wick. Is not redress urgently called for ? Must not this unoffending 
citizen be immediately released? 

Permit me, sir, to add my confident belitf that the President, on this 
jiresentation of the facts relative to this outrage upon the National as well 
as the State rights, will not fail to demand the immediate release of Eben- 
ezer S. Greely, and to interpose suitable claims of indemnity for* the wrongs 
so wantonly enforced upon him. 

1 am, ver'y respectfully, your obedient servant, 

ROBERT P. DUNLAP. 

Hon. John Foksytii, 

Secretary of Slate of the United States. 



An additional act providinp;' for the distribution and repayment of the public money ap- 
poriioiicd to ibc Stile of Maine on dcposiie by tlie Government of llie United Siales. 

Sec. 1. lie it enacted Inj the Senate and House of fie.presentalives in Le- 
gislature as.'^euiljted, Tiial the time allowed to the respective cities, towns, 
and plantations, in which to take the census and make returns thereof to 
the State treasirr-er", is hereby extended to the twentieth day of June next. 

Sec. 2. Jte it further enacted, That the treasurer is hereby dii-ect- 
ed to distribute the amount of the second rnstahnent of the surplus rev- 



[ House Doc. No. 31. J 369 

€nue among the cities, towns, and i)lantati()ns, according to the number of 
their respective scholars, as borne on the scliool (und apportionment of the 
present year. And the third instalment shall be distiibnted according to 
the same ajjportionment, nnless the census re(|uire(l by tiie act to which 
this is additional shall be fully made, and the returns thereof to the treas- 
urercompleted, by tlie first day <d' July next. 

Sec. 3. Be it fartker enacted, VUixt the iliij-d and fourth instalments shall 
be distributed among the towns, plantatioMs, cities, and unincorporated 
places, in such manner as that the aggregate of the four instiilments shall 
be in exact proptjrtion to their population, as ascertained by said census. 

Sec. 4. Be it further enacted, That, in addition to the enumeration re- 
quired by the act aforesaid to be taken by the county commissioners, it 
shall be the duty of the county commissioners of the county of Penobscot 
to take the enumeration or census of all the inhabitants of said county 
residing north of the surveyed and located townships. 

Sec. 5. Be it further enacted, 'I'hat the treasurer be directed to cause 
the first section of this act to be forthwith published in all the newspapers 
that publish the laws of the Slate. 

Sec. 6. Be it further enacted, That the act to which this is additional, 
and also this act, shall take effect and be in force from the times of the 
passage thereof respectively. 

[Approved by the Governor March 29, 1837.] 



11th, 12th and 13th Sections of An Act providing for the disposition and repayment of the 
public money apportioned to the State of Maine on deposite by the Government of tlie 
United States. 

Sec. 11. Be it further enacted, That, for the purpose of ascertaining the 
population of the several cities, towns, and plantations, in this State, the 
aldermen cf cities, the selectmen of towns, and the assessors of planta- 
tions, are hereby authorized, at the expense of their respective cities, 
towns, and plantations, to cause the number of the inhabitants thereof, 
(omitting in such enumeration foreigners not naturalized, whose residence 
has not been established at least four years in any of the cities, towns, or 
])lantations, or other place wherein such enumeration is to be made, and 
Indians not taxed,) to be taken, according to the directions of this act. 
The said enumeration shall distinguish all persons under the age of four 
years ; those of four and under twenty-one ; and those of twenty-one and 
upwards, belonging to each city, town, and plantation in this State, on the 
first day of March, eighteen hundied and thirty-se\en. 

Sec. 12. Be it further enacted, Tliat said aldermen, selectmen, or as- 
sessors, or such person or persons as shall be appointed by them for that 
purpose, shall respectively, before entering upon the performance of their 
duty as aforesaid, take and subscribe an oath or affirmation, before some 
justice of the peace, for the faithful performance of their duties, in sub- 
stance as follows: 

I, , of , do solemnly swear (or affirm) that 1 will truly 

and faithfully make a full and perfect enumeration and description of the 
persons resident within the of on the first day of March, eigh- 
teen hundred and thirty-seven, and return the same to the treasurer of 
25 



370 [ House Doc. No. 31. ] 

Maine, agrccab!)' to the diiec tions of an act entitled <' An act providing 
for llie disposition and i-epaymeiit of the public money ajtpoitioned to the 
State of iNlainc on dcposite b) tiie Government «»f tlie United States," ac- 
cording to the best of my ability ; and that 1 will make said enumeration 

and desci'iption by actual inf|uii"y at ev^T} dwelling-house in said , or 

personal inquiiy of the head of e\ei'y faniily, and not otherwise. 

Sec. 13. Be it J'urt/nr enacted, That said enumeration shall be fully com- 
pleted, and accurate retains thereof made to the treasurer of the State, on 
oj- before the twentieth day of Apiil next ; which retui-ns shall be made in 
a schedule, the form of which (with the form of the oath specified in this 
section) shall be provided and fuiiiished by said tieasuier, and they shall 
distinguish the several families by the name of their master, mistress, or 
head. Atid the person taking such emnueration shall take and subscribe, 
upon the returns rendered by him, an oath or afllimation as follows : 

I, , do solemnly swear (or alfirm) that the number of persons 

set forth in the return made by me, agreeably to the provisions of the act 
entitled <' An act providing for the disposition and rej)a} meiit of the pub- 
lic money appoitioncd to the State of Maine on deposite by the Govern- 
ment of the United States," has been ascertained by an actual inquiry at 
every dwelling-house, or a personal inquiry of the liead of eveiy family, 
in conformity with the provisions of said act ; and that the return afore- 
said is correct and true, according to the best of my knowledge and belief. 

A B. 

And the blank forms which the treasurer is to transmit shall be for- 
waitled to the sheriOs of the respective counties, whose duty it shall be to 
cause the same to be forthwith distributed to the clerks of the respective 
cities, towns, and plantations. And the sheriff's bill therefor shall be pre- 
sented to the Legislature for allowance. 



Departmknt of State, 

Washington, July 14, 1837. 
Sir : Your letter of the 3d instant has been received. The surpiise 
you rxj)ress that the information contained in the letter of Mr. Greely, 
which accomjjanied your former communication, was not considered suf- 
ficent to enable the President to make a fornuil application to the British 
Government for his release, has probably arisen from your not having ad- 
verted particHlarly to the defects of his statement. It was not expressly 
mentictned Cor what offence the arrest was made, nor where it took place — 
upon the ten itory in dispute between the United States and Great Bi'itain, 
or beyond it. 'I'he chaiai tii- oCthe cliargf, and the jilace at which the of- 
fiiice was committed, might have been infei-rtd from what was stated ; but 
you must ;)ercei\e the impropriety of a fornjal complaint from one Gov- 
ernment to anotlier founded up(jii inference, when the means of ascertain- 
ing a»;<l presenting the facts distinctly were within the power of the party 
coinplairiitig. But although this Depai'tment felt itself constrained by 
IJK se considerations to delay a formal apj)lication to the nriti.sh Ciovcrn- 
ment ftr the ri-lease of Mr. (ireely, it lost no time, as has been already 
stated, in piocuring the ititei IcMcnce to (hat end of the IJrilisIi minister 
near lliis Government ; and I ha\ e now the satisfaction to inform you that 



f House Doc. No. 31. ] 371 

I have leaiiied from him that lie has ()[ietK'(l a rorreH|)()mlcncc w ilh the Lieu- 
tenant Governor of New Brunswick, which it is ex[)ectetl will lead to the 
release of Greely from confiiiemeMt, without waitini; for the decision of 
his Britannic Majesty's Govertinieiit on the whole (|uestion. 

The information communicated to the Department since the receipt of 
your leitcr of the 3(1 instant, is sulKciently explicit, and a note founded 
upon it has heen, by direction of the I'residcnt, addressed to Mr. Steven- 
son, instructing him to demand the immediate liberation of Mr. Greely, 
and indemnity for his imprisonment. 

I have the honor to be, sir, your obedient ser\ ant, 

JOHN FORSYTH. 

Hon. IIOUEUT P. DUNLAP, 

Governor of the State nf Maine. 

P. S. I he papers asked for in your letter of the 27th ultimo will be 
sent to you. 



state of maine. 

Executive Department, 

.Augusta, June '•27, 18S7. 
Sir : I would respectfully solicit copies of all documents and papers in 
the Department of State of the United States, in relation to the subject of 
the Noitheastein boundary, with the exception of such as were furnished 
this Department by the General Government in the year 1827". It is 
understood that copies have been furnished relative to this subject down 
to the respective statements submitted by the two Governments to the 
King of the Netherlands, but the arguments we have not been furnished 
with. 

I am, very respectfully, your obedient servant, 

ROBERT P. DUNLAP. 
Hon. John Forsyth, 

Secretary of State of the United States. 



Department of State, 

Washington, July 19, 1837. 
Sir: In compliance with the request contained in your letter of the 
27th ultimo, 1 have the honor to transmit to you a printed volume, con- 
taining a statement on tiie part of the United States of the ease referred, 
in pursuance of the convention of the 29th September, 1827, between the 
said States and Great Britain, to the King of the Netherlands for his 
decision thereojj ; and to refer you, for such other papers and documents in 
relation to theNortheastern boundary as have not been specially furnished 
by this Department to the Executive of Maine, to the following numbers 
in the volumes of documtMits of the Senate and House of Representatives, 
distributed under a resolution of Congress, and which have been from time 
to time transmitted to the several State Governments, including that of 
Maine. 



372 [ House Doc. No. 31. ] 

Documents of the House of Representatives. 
1st session SOtli CongfPss, Nos. 217, 218. 
2(1 session 20tli (Congress, No, 90. 
2'1 session 23<1 Congress, No. 62. 

Document of ilie Senate. 
1st session 24lli Congress, No. 414. 
1 hiW e the lionor to be, sir, }onr obedient servant, 

JOHN FORSYTH, 

Secretary of State, 

lion. UoUEUT V. DUiVLAP, 

Governor of Maine. 



STATi: OF MAINE. 

ExiiccTivE Department, July 9.^, 1837. 

Siu : Inipelled by a sense of duty, arising Croin the oversight comtiiitted 
to tne of tlie rights and interests of this State, I beg leave to invite the 
attetition of your excellency to the subject of the Noi-iheastern boundary 
of Maine. By tlic Federal compact, the obligation of defending each State 
again.st fonign invasion, and of piotecting it in ihe exercise of its juris- 
dictional rights up to its extreme line of boundary, is devolved upon the 
National Government. Perniit me i-espectfully to inform the Pi•e•^idont 
that, in the oj)inion of the people of Maine, the justice due to this State, in 
this respect, has not been i-cndercd. 

Let it not be suspected that the discontents which are moving strongly 
and deeply through the public mind flow from any deficiency of attach- 
ment or pra< tical adhesion to our National (ioveitimen?. Without ap- 
pealing to tiic blood so freely poured out in war by the citizens of Maine ; 
to the privations so cheerfully endured \\h:!e the lestrictive measures of 
the Government were pro.strating the most impiirtant inlet ests of this com- 
mercial people, or to the support of the Union so coi-dially given through 
every vicissitude u|) to the j)resent hour : such a suspicion, if it could arise, 
would be sufiicietitly refuted by mei-ely adverting to the forbearance witli 
which they have so long endured the aggressions by a foreign Government 
upon tlnir sovereignty, their citizens, and their soil. 

It would be easy to prove that the territory of Maine extends to the 
highlands noi th of the St. John. liut that puint, having been not only 
ad(nitied, but surcesHfully demonsti-ated by the Federal (iovei-nment. net>ds 
not now to be discussed. Candor-, however, recpiires me to say that this 
conceded and utMleniable position ill accor<ls with the pr(»ceedings in \Ahicli 
the British authorities have for many years been iinlulged, and by wiiich 
the rightful jurisdicti'Mi of Maine has been subAeited, her lands i-avaged of 
their- most Nalnable products, and her citizens dragged beyond the limits 
of the State, to undergo thvi sullVrings and ignoniinies <d" a for-eign jail. 
These outrages ha\c been made known to the Fcder*al Government; tliey 
have been the subject of repeated reiiKtusti-ances by the State; and these 
remonstrances seem as often to have been contemned, it cannot be deemed 
irrelevant for me here to ask, amid all these various impositions, and 



I House Doc. No. 31. J 373: 

while Maine Iihh been vigorously employed in sostaining the Union and in 
training lier children to the same high standard of devotion to the politi- 
cal iii-titntioiis ol the ronntry, what lelief has been bionght to lis by the 
Federal (iovernment r The invaders have not been expelled, 'llie sove- 
reignty and soil of (he State ai-e yet stained by the hostile marhiiiations of 
resident emissaiies oC a hireign Goveniinent. The teiiilory and the jiuis- 
diction oC six millions of acres, our title to which the Government of the 
L'nited States has pronounced to be pci-Cect, have, without the knowledge 
of Maine, been now jmt entirely at hazard. Grave discussions, treaty 
arrangements, and sovereign arbitration, have been resorted to, in which 
Maine was not permitted to speak; and they have resulted, not in removing 
the factitious pretensions, but in suj)plying new encouragements to the 
aggressors. Diplomatic ingenuity, the only foundation of the liritish 
claiu), has been arrayed against tin- jjcrfect right. 

In the mean time, a stipulation u)a(le by the Executive of the nation, with- 
out the km)wledge of Maine, purported to preclude her from ledaiming 
her rightful jurisdiction until the slow process of a Jiegotiation should be 
brought to a close. Whatever the real force of that stipulation might be — 
made as it was without the concuirence of the two bi-anches of the treaty- 
making power — it w as hoj)ed, w hen it expired by the closing up of that 
negotiation, that a measure fraught with such hurtful consequences to 
Maine would not again be attempted. But that hope was to be disappoint- 
ed ; and now , by a comj)act of similar character, a writ of protection ap- 
pears to have been spread by our ow n Government over the whole mass of 
British aggressions. What, then, has the Federal Government done for 
this State ? May it not be said, in the language of another, "Maine has 
not been tieated as she endeavored to deserve?'' 

On the tweaty-second day of April last, I had the honor to transmit to 
your excellency certain resolves passed by the Legislature of this State, 
relative to the Northeastern boundary, and, in behalf of the State, to call 
upon the President of the United States to cause the line tu be explored and 
surveyed, and monuments thereon erected. That this call, made by direc- 
tion of the Legislature, did not extend to the expulsion of invaders, but 
merely to the ascertainment of the treaty line, will, I trust, be viewed, as it 
was designed to be, not only as an evidence of the continued forbearance 
of Maine, but as a testimonial of the confidence she cherished that the 
Federal Executive would protect the territory after its limitation should 
be ascertained. That this application would meet with favor from the 
Federal Executive was cx])ected, more especially as Congress had n)ade a 
specific appropriation for the purpose. I will not atten)pt to conceal the 
mortification 1 have realized, that no reply has been made to that commu- 
nicatiojf, nor any measures taken, so far as my information extends, for 
effecting the object proposed. 

It now remains, that, in the exercise of that faithfulness for which I 
stand solemnly pledged to the people of Mfiine, I should again commend to 
the attention of the National Executive this apparently unwelcome but 
really important s^ibject. 

I have therefi)re the honor again to request tiiat the President will cause 
the treaty line upon the northeastern limits of Maine to be run and mark- 
ed ; and I cajinot but hope that, on a re-exaniination of the subject, your 
excellency will concur with this State in relation to the rightfulness and 



374 [ House Doc. No. 31. ] 

the necessity of tlic mea'^ure proposed, as well as to all the remedies to be 
adopted loi- tcstoiing to Maine tiie iiivalualile liglits from which she has 
so long been debai'i-ed. 

1 have tlie Iioiior to be, w ith high consideration, vour obedient servant, 

ROBERT P. DUN LA P. 
To his Exrellenry Martin Van Biren. 

President of the United States. 



Dei'akt.mext or State, 

ff'usliington, August 17, 1837. 

Sir : Your letter of tlie 28th ultimo, to the President, was duly receiv- 
ed. It has been referred to this Department, with instructions to make a 
suitable iej)ly. 

Your excellency is of opinion that the Federal Govei-nment has, for a 
series of years, failed to protect tiie State of Maine in the exercise of her 
juri«>dictional rights to the extent of her boundary, and complains that 
these riglits have been, in coiisecpience thereof, subverted; the lands of the 
State ravaged of their most valuable jjroductions; and her citizens subject- 
ed to imprisonment in a foreign Jail. Y^our excellency particulaily ob- 
jects to tiie coui'se of the Federal Gt)vernment for having, without the 
knowledge of the State, put entirely at liazar'd tiie title of Maine, admitted 
b) the Government of the United States to be perfect, to tlie teriitoiy in 
question, by the resort to diplomatic discussions, treaty ariangements, and 
foreign arbitration, in which Maine was not permitted to sj)eak ; for hav- 
ing entered into a stipulation, without her consent, purporting to j)reclude 
the State from retaining her rightful jurisdiction, pending a negotiation, 
and for the continuajice of it after that negotiation was supj)Osed to have 
been concluded ; and for an omission, on tlie part of the Executive of the 
United States, to comply with an application of the State, made thi-ough 
her Legislatuie, to have the boundaiy line between Maine and the British 
North American possessions exj)lored, surveyed, and monuments erected 
thereou, in jjursuance of the authority confeired on the President by Con- 
gress, and of a recpiest made by your ex'ellcncy, which is now I'enewed. 

The views which your excellency has been jileased to take of the sub- 
ject at this time, embrace measures, some of whicli have long since ceased 
to be operative, and reach back to the proj)riety of tlie sti|)ulations entered 
into by the treaty of Ghent ; also, of the subse(jiient negotiation designed 
to bring tliose sti|)ulations to a satisfactory result, in the mode prescribed 
by that treat} — that of arbitrement. It being, as your excellency states, 
the oj)ini(*n of Maine that those |)roceedings weie unjust and unwise, it is, 
in a mattei- in whicli she is so deeply interested, her undoubted right to say 
so J yet the I'l-esident thinks that he cannot be riiistaken in believing that 
no practical good can, at this time, be exjiected from discus-^ion between 
the Federal and State (jovernments upon those pt)ints. I'hat the measures 
referred to ha\c not been as fortunate in their results as was hoped, is 
entirely true; but your excellency may nevertheless be assured that tliey 
had their origin in a sincere desire, on the pait of the Federal Govei-n- 
nient, to discharge all its duties tow aids the S;ate of Maine as a member 
of the Union, and were re-orted to in the full belief that her just rights 
would be j)i'oinoted by their adoption. 



[ House Doc. No. 31. J 375 

111 speaking of the restrictions iinijoscd upon Maine in reclaiming lier 
rightful jurisdiction, your excellency dnuhtlossly refers to the under- 
standing between the Federal Government and that of Great Britain, that 
each i)aity should abstain fioui the exercise of jurisdiction over the dispu- 
ted teriitory during the pejidency of negotiation. Unless it be correct to 
say that the conti'oveisy was one that did not admit of negotiation, and 
that the duty of the Federal Government consisted only in an immediate 
resort to maintain the construction put by itself ui)on its own rights and 
those of the Stale of Maine, there would seem to be no reasonable objec- 
tion to such an arrangement as that alluded to, whether it be viewed in re- 
spect to the interests or the pacific and just characters of the respective 
Governments. Tliat this arrangement was not abrogated at the period at 
which your excellency is understood to suppose that it ought to have been 
done, viz : upon the failure of a settlement of the controversy by arbitra- 
tion, is explained by events of subsequent occurrence. When the award 
of the arbitrator was submitted by the late President to the Senate of the 
United States, that body refused its advice and consent to the execution 
of the award, and passed a resolution recommending to him to open a new 
negotiation with Great Britain for the ascertainment of the boundary ac- 
cording to the treaty of peace of 1783. That negotiation was forthwith 
entered upon by the Executive, is still ponding, and has been prosecuted 
with unremitting assiduity. It is under such circumstances that the Fed- 
eral Executive has decided upon a continued comjdiance with the arrange- 
ment referred to, and has insisted also upon its observance on the part of 
Great Britain. 

Considerations of a similar nature have induced the President to re- 
frain hitherto from exercising the discretionary authority with which he is 
invested, to cause the boundary line in dispute to be explored, surveyed, 
and monuments to be erected thereon. Coinciding with the Government 
of Maine on the question of the true boundary between the Britisli Prov- 
inces and the State, the President is yet bound by duty to consider the 
claim which has been set up by a foreign Power in amity with the United 
States, and the circumstances under which the negotiation for the adjust- 
ment of that claim has been transmitted to him. It could not be useful 
to examine the foundation of the British claim in a letter to your excel- 
lency. Respect for the authorities of a friendly nation compels us to ad- 
mit that they have persuaded themselves that their claim is justly grounded. 
However that may be, the present President of the United States, upon 
entering on the discharge of the duties of his office, found that a distinct 
proposition had been made by his predecessor for the purpose of amicably 
settling this long-disputed controversy, to which no answer has yet 
been received. iJnder such circumstances, the President was not able to 
satisfy himself, however anxious to gratify the people and the Legi'ilature 
of Maine, that a step like that recommended by tiiem could be usefully or 
properly taken. 

The clause containing the specific appropriation made by the last Cim- 
gress, for exploring, surveying, and marking certain portions of the 
Northeastern boundary of the United States, to which your excellency al- 
ludes, is by no means imperative in its characler. The simple legislative 
act of placing a sum of money under the contiol of the Execuiive for a 
designated object, is not understood to be a diiection that it must in any 
event be immediately applied to the prosecution of tliat object. On the 



376 [ House Doc. No. 31. ] 

contiai y, so far fiDin imi)lyii)g that tlio {lul in view is to be attained at 
all liazards, it is believed iliat it merely ve^^ts a discretionary i)(}\>er in 
the ['resident to cany out the views of Congress, on his own responsi- 
bility, should contingencies arise to render expedient the proposed ex- 
j)en(litiii'e. 

L'nder existing circumstances, the President deems it proper to wait 
for t'.e delinitive answei' of the IJriti>.h Government to the last proposi- 
tion ofleied by the United States: when received, a further communica- 
tion to your excellency may be found proper; and, if so, will be made 
v\ithout unnecessaiy delay. 

It cannot be necessary to assure your excellency that the omission to 
reply to your communication forwarding to this Department the resolu- 
tions of the Legislature of Maine, did not, in any degree, aiise either 
from a want of respect for tlieii- wishes, or for the wishes of your excel- 
lenc}, or from iiidillerence to the interests of the State. When these 
resolutions were received, there was every reason at no distant day to ex- 
pect what is now daily looked for a — definitive answer to the j)roposition 
just alluded to, to which the attention of the British Government had 
been again forcibly invited about the time those resolutions were on their 
jjassage. Under this ex|)ectation, a rej)ly to the application from Maine 
was temporarily delayed ; the more readily, as, about the time of its 
reception, the Representatives of Maine, acting in reference to one of 
those resolutions, had a full and Uxe conversation with the President. 
The most recent proceedings relative to the question of boundary were 
shown to them in this Department by his directions, and the occasion thus 
afforded was cheerfully embraced of offering frank and unreserved expla- 
nations of the President's views. 

Of the rece»it events which have called the attention of the State of 
Maine to the fpiestion of the Northeastern boundary, and which have been 
brought by it to the notice of the President, one — the arrest and imprison- 
ment of Mr. (ii-eely — has already been made the subject of communication 
with your excellency. All that it was competent for the Federal Executive 
to do, has been done. Redress has been demanded, will be insisted upon, 
and is expected, from that authority from whom alone redi'esscaij p!-oj)erly 
be sought. 'J'lie Pi-esident has followed the same course that was jjursued 
by one of his predecessors, and which was understood to be satisfactory 
to the State of Maine undei- circumstances of a somewhat similar char- 
acter. In res])ect to the otiier — the j)i'ojecfed constiuction «)f a raili'oad 
between St. An(lrev\'s and Quebec — a representation has been addressed to 
the Hritish Government, stating that the proposed measure is inconsistent 
with the understanding between the two CJovernments to ])ieserve the 
status (jno in the disputed territory until the (juestion of boundary be sat- 
isfactorily adjusted; remori-^d-ating against the jiroject as contrary to the 
American daini, and demanding a susj)ension of all further movements in 
cxecuti(Mi of it. No answer has yet been recf'ived to this communication. 
Fiom an informal conveisation between the British minister at Washing- 
ton and myself, at the Department of State, the President is, however, 
lirm in the conviction that the attempt to make tiie road in <]uestion uill 
not be farther prosecuted. 

I am. in C(Hi( lusion, directed to iiiloiin you that, lio\\e\er unbounded 
maybe the coMrKlence of I he J>'-:^islal tire and (he peoj)le of Maine in ihe jus- 
tit e of iheir daiuj to the boundary contended for by the United Slates, 



[ llou^c Doc. No. 31. ] 3?T<; 

the President's is not less so; and your excellency may rest assured that 
no exertions have been, or shall bo, spared on his pai t, to bring to a fa- 
vorable and spi'ody tera)ination a (|uestion involving interests so highly 
important to Maine and to the Union. 

I have the hojior to bo, with hig': consideration, kc. 

JOHN FORSYTH. 
His Excellency Robert P. DuNLAr, 

Governor oj Maine. 



Depautment of State, 

fTasfdngton, August 25, 1837. 

Siu : I have the honor to transmit to yonr excellency, by direction of 
the President, the coj)y of a note fromtiie British minister at Washington, 
dated yesterday, stating tliat the Government of her Britannic Majesty has 
been pleased to direct the immediate discontinuance, by the colonial au- 
thorities of Lower Canada and New Brunswick, respectively, of all opera- 
tions connected with the projected railroad between the cities of Quebec 
and St. Andi'evv's. 

Mr. Fox took occasion, on Wednesday last, to inform me that Mr. 
Greely had been dischaiged from imprisonment at Frederickton; a fact of 
which, doubtless, your excellency has been some time since apprized. 
I have the honor to be, with high consideration, &c. 

JOHN FORSYTH. 
His Excellency Robert P. Dunlap, 

Governor of Maine. 



Departmevt of State, 

Washington, March 23, 1837. 

The undersigned, Secretary of State of the United States, has the honor, 
by direction of the President, to invite the attention of Mr. Fox, his Bri- 
tannic Majesty's envoy extraordinary and minister plenipotentiary, to a 
subject which, from its high importance, demands the prompt considera- 
tion of his Majesty's Government. 

It appears from representations and documents recently received at the 
Department of State, that a number of inliabitants of the town of St. 
Andrew's, inNew^ Brunswick, associated themselves together, in the year 
1835, by the name of the St. Andrew's and Quebec Railroad Association, 
for the purpose of bringing into public notice the practicability of con- 
structing a railway between those ports, atid that sundry resolutions were 
passed in furtherance of this object ; that the project was sanctioned and 
patronized by the Governnr-in-chief of British North America, the Lieu- 
tenant Governois of New Brunswick and Nova Scotia, and tlie Legisla- 
tures and pcojde of the Provinces of Lower Canada and New Brunswick ; 
that the route of t!»e proposed railroad had been explored as far as the 
head-waters of the St. John river by surveyors einployed by the association; 
that an act has actually passed the Legislature of Now Brunswick incor- 
porating this company, and that a similar act was expected to be passed 



37S [ House Doc. No. 31. ] 

ill Lower (.'anada; that letters were addressod to tlie boards of ti'ade of 
Quebec and Mf»Mtreal, re(jiii'stiiig their co-uj)eralioii; that these coiuimuii- 
cations were favorably received ; ami tliat petitions had been forwarded 
to his Britannic Maj«'stv, signed by coniinittees of the association and by 
inhabitants of the cities of Quebec and Montreal, soliciting the construction 
<jf a railway bet\Ne»n t!ie poi-ts above named, or the extension of royal aid 
and protection to the petitioners in the i)i()j)iised undertaking. 

M iliiout alhiwing himself foi- a nioinent to believe that his Britannic 
Majesty's Gu\eriinient will in any manner countenance the projected rail- 
road from St. Andrew's to Quebec, when the sliglitest inspection of the 
niaj) of tije country which it crosses will show that its intended location 
>vould be, for a great portion of the route, an encroachment upon the terri- 
tory in dispute between the United States and Great Britai", the President 
yet sees cause for jtainful surprise and deep regret in the fact that the 
civil authoiities of his Majesty's Provinces on our ISoitheastern borders 
should have lent their encouragement to, or should in anywise have pro- 
moted, an undei'takiiig which, if ])ei'severed in, will inc\itably lead to the 
most disastrous consequences. The object of the association, from its 
inception, was objectiiniable ; since it could only be effected by entering 
U])on territory the title to which was controv Tted and unsettled — a pro- 
ceeding which could not fail to be offt nsi\e to the Govei'iiment and people 
of the United States. Still more unjustifiable was the act of sovereignty 
gixing to this comj)any corjiora'e powers over property known to be 
claimed by citizens of a friendly and neighboring State, and which consti- 
tuted at the time the subject of an amicable negotiation between the Gov- 
ernment of his Majesty and that of the United States. The Pre-ident re- 
grets to see in this step on the part of his Majesty's provincial authorities 
and subjects, a most exceptionable departure from the principle of contin- 
uing to abstain, during the jnogress of negotiation, from any extension of 
the exercise of jurisdiction within the disputed territory on either side; 
the propriety of w hich has been hitherto so sedulously inculcated and so 
distinctly acquiesced in by both jiarties. An understanding that this prin- 
ciple should be observed by them, w.is the natural result of the respective 
jxisitions and pacific intentions of the two Governments, and coul<l alone 
])revent the exercise of asserted i-ights by force. Without it, the end of 
all negotiation on the siiliject would have been defeated. If, thei-efore, 
nothing had been said by either party relative to such an understanding, it 
would have been jiropei- to infer that a tacit ageeement to that effect existed 
between the two Governments. But the coi-respondence between ihem is 
sufticiently full and explicit to prevent all misconception. The views of 
both G >veiMinents in respect to it will be found in the letters of the Secre- 
tary of State to the minister of Great Britain, dated the 18th of January, 
182G, 9th of January, 1 1th of March, and Ilth of May, 1829 ; and of the 
British inini'-ter to the Secretary of State, dated 15th of November and 2d 
of Decemhi-r, la^'.S: lOth of January, 1827; 18th of February and 25th of 
March, 1828; and I41h of Ajiiil, \8:>5, as well as in other communications, 
which it is deemed needless now to designate. 

Tlic undersigned is directed by the President to inform Mr. Fox that 
the prosecution of the enter|)rise above referred to will be regarded by this 
Government as a delihi-rate infiingeiiient of the rights of the United States 
to the territory in ()uestion, and as an unwarrantalile assumption of jurisdic- 
tion therein by the British Government; and the undersigned is instructed 



[ House Doc. No. 31. ] 379 

to urge tlic prompt adoption of such moasiiics as may be deemed most 
approj)iiate b} bis Majesty's Govcniiiiciit, fo suspend any I'urlber move- 
ments in execution of tlie j)i-opose(l railroad IV;>m St. Andiew's to Quebec, 
during the contimiance of the j)ending negotiations between tbe two Gov- 
ernments lelative to the Noi-lbeastern boundary of tbe United States. 

The pi-ocecdiiigs above alluded to, considered in connexiori with inci- 
dents on other pai-ts of the disputed boundary line, well known to his Maj- 
esty's ministers, would seem to I'ender it in(lisj)eusable to the maintenance 
of those liberal and friendly relations between the two countries which 
both Goverrrmerrts are so sirrcerely anxious to jtrTserve, that they should 
come to a speedy adjustment of lire subject, 'lire r-eceirt resolutiorrs of the 
State of Alaine, to which the projected railroad irom St. Arrdrcw's to 
Quebec gave rise, reqrresting the President of the United States to cause 
the lirre established by the treaty of 1785 to be run, and rironuments to be 
established thei-eon, and the a])propr-iatiorr of ^20,000 by Congress, at 
their- late session, to enable the Executive to carr-y tiiat request irrto effect, 
with a subsequent earnest application from the Representatives of Maine 
for arr immediate compliance with it, afford additional incentives to exertion 
to britrg this controversy to a conclusion, not to be disregarded by the Pres- 
ident of the United States. 

Tire President, therefore, awaits with great anxiety the decision of his 
Majesty's Govcr-ninent on the proposition made by the under'signed to his 
Majesty's chai'ge d'afFair-es at Washington, in February, 1836, suggest- 
ing the river St. Johir's, from its mouth to its sour'ce, as an eligible and 
convenient line of boundary. No small degi-ee of disappointment has been 
felt that this decision, alr-eady lorrg expected, has not been given ; but the 
hope is entertained that the result of this protr-acted deliberation will j)rove 
favorable to the wishes of the Pi-esident ; and that, everr if that pr oposition 
be not acceded toby his Britannic Majesty, some definitive offer-, looking 
to a pr-ompt termirration of the controversy, w ill be made without further 
delay. 

The undersigned avails himself of this occasion to renew to Mi'- Fox 
the assurance of his distinguished consideration. 

JOHN FORSYTH. 

Henry S. Fox; Esq. 

J^Iinister Plenipotentiary, ^c. 



Washington, March 28, 1837. 

The undersigned, his Britannic Majesty's envoy extraordinary and min 
ister plenipotentiary, has had tire honor to receive the oHiclal note, ad- 
dressed to him under' date of the 23<1 instant, by Me. Forsyth, Seci-etary 
of State of the United States, u;)on tlie subject of information received by 
the United States Goverrrment of a pr'ojected railroad between the cities of 
Quebec and St. Andr-ew's, and uj)on certain other matters connected witli 
tlie question of the boundar-y line betweerr the United States and the British 
possessions in North Amei-ica. 

The rrndersigned. in accordance with the wishes of thePr-esident, signi- 
fied in Me. Forsyth's official rrote, will rrot fail immediately to convey that 
note to the knowledge of his Governmerrt at home ; and he entertains no 
doubt tiiat his Majesty's Government will pi'oceed to the consideration of 



380 \ House Doc. No. 31. J 

the several matters therein contained, with the serious and ready attention 
thai tlieir in)|)<)rtancc deserves. 

The undei'signed avails himself of this occasion to renew to Mr. For- 
syth the assui'ance of his high esteem and consideration. 

H. S. FOX. 

IJon. John Fousyth, Secretary of State. 



Washington, August 24, 1837. 

SiK : With reference to the oflicial note which, hy direction of the Pres- 
ident, you addressed to me on the 2S(i of Maich last, respecting a project- 
ed railroad between the cities of Quebec and St. Andrew's, which, it was, 
appieher>(Ied, would, if carried into effect, traverse a part of the territory 
It ;).esent irr dispute between Gr-eat Britain and the United States, I am 
now enabled to inforjii you tliat, in consideration of the arguments and ob- 
servations contained in your note, lier Majesty's Government has been 
pleased to direct Ihe colonial authorities of Lower Canada and New Bruns- 
v\ ick, respectively, to cause all operations corrnected with the above-men- 
tioned pr'oject within the limits of the disputed territoi-y, to be immediately' 
sc)riti:i ued. 

I have the honor to be, sir, with high respect, 6cc. 

H. S. FOX. 

Hon. John Forsyth, Secretary of State. 



Mr. Stevenson to Lord Palmerston. — (Extract, J 

The under-sigired will avail himself of the occasion to remind Lord Pal- 
merston of the urgency which exists for tiieimme<liate and final adjustment 
of tliis long-pending controversy, [r-espectiiig the Northeastern boundary,] 
and the increased obstacles which will be thrown in the way of its har- 
monious settlement, by these repeated collisions of authority, arrd the exer- 
cise of exclusive jurisdiction by either j)arty within the disputed territory. 

lie begs leave, also, to repeat to his lor-dship assurances of the earnest 
and unabated desire wiiich tiie President feels, that the controver-sy should 
be s|)eedily and amicably settled, and to ex|)r'ess the anxiety with which 
the Gover-ntnent of the United States is waiting the pr'omise<l decisii)n of 
lici- Majesty's Gover-nment upon the projjosition submitted to it as far- back 
as July, 1836, and which the undersigned had beerr led to believe would 
long since have been giverr ; and he has been further dir-ected to say, that, 
should this (Moposition be disai)|)r-ovcd, the President entertaitrs the hope 
that some new one, on the part of her Majesty's (iover'iiment, will imme- 
diately be made for the final and favor-able termination of tiiis protracted 
and deeply-exciting contrnxcrsy. 

'I'he undersigned hegsl^oid I'almerston to receive renewed assui-aiices of 
his distinguished consideration. 

A. STEVENSON. 

23 Portland Place, Jlugnsl 10, 1837. 



[ House Doc. No. 73. ] 381 

[ House Doc. No. 73—25\h Congress 2(1 session. ] 

Message from the President of the United States, upon the subject of 
the disturbance on the Northern Frontier of the United States. 

To the Senate and House of Representatives of the United States : 

In tlie liiglily excited state of feeling on tlie Noitlieni lionfier, otca- 
siouetl by the (Jistiiibances in Catiada, it was to be apinrlieiided that causes 
of conjplaint might arise on the line dividing the United States fioin 
hei" liritannic Majesty's dominions. Every jji-ecaution was, ihei-cfore, 
taken on our part, authorized by the existing laws; and, as the troojjs 
of the Piovinces were imbodied on the Canadian side, it was hoped 
that no serious violation of the rights of the United States would 
be permitted to occur. I regret, however, to inform you that an out- 
rage of a most aggravated character has been committed, accompanied by 
a hostile though temporary invasion of our tei-ritoiy, protincing the strong- 
est feelings of resentment on the part of our citizens in tiie neighborhood, 
and on the wliole border line : and that the excitement previously existing' 
has been alarmingly increased. 'J'o guard against tlie jjossible recurrence 
of any similar act, I have thouglit it indispensable to call out a portion of 
the militia, to be posted on that frontier. The documents herewith j)re- 
sented to Congress show the character of the outrage committed, the 
measures taken in consequence of its occurrence, and the necessity for re- 
sorting to them. It will also be seen that the subject was immediately 
brought to the notice of the British minister accredited to this country, 
and the proper steps taken, on our part, to obtain the fullest information 
of all the circumstances leading to and attendant uj)on the transaction 
preparatory to a demand for reparation. 1 ask such appropriations as 
the circumstances in which our country is thus unexpectedly placed re- 
quire. 

M. VAN BUREN. 

Washington, /(Tin imrj/ 8, l8r-8. 

List of papers, 

H. W. Rogers to the President, dated 30th December, 1837. 
The Secretary of War to General Scott, 5th January, 1838* 
The Secietary of War to Governor Marry, do. 

Mr. Forsyth to Mr. Fox, do. 

Mr. Rogers to the President. 

Buffalo, December 30, 1837. 
To his Excellency Martin Van Buren, 

President of the United States : 
Sir : Enclosed are copies of affidavits which I have prepared in great 
haste, and which contain all that is material in relation to the gross and 
extraordinary transaction to which they relate. Our whole frontier is ia 
commotion, and [ fear it will be difficult U) restrain our citizens from re- 
venging, by a resort to arms, this flagrant invasion of our territory. Ev- 



382 [ House Doc. No. 73. ] 

ery thing that cas be done will be by the public authorities to prevent s( 
injudicious a movement. Tlie respective sheriffs of Erie and Niagara 
have taken the responsibility of calling out the militia to guard the froiii) 
tier, and prevent any further depredations. 

I am, sir, with great consideration, your obedient servant, 

H. W. ROGERS, 
Dist Jlil'y for Erie CQunhj,and act'g for the U, S. 



State of New York, JSlagara county, ss : 

Oilman Appleby, of the city of Buffalo, being sworn, says that he left 
the port of Buffalo on the morning of the 29th instant, in the steamboat 
Caroline, owned by William Wells, of Buffalo, and bound for Schlosser, 
upon tfie east side of the Niagara river, and within the United States ; thai 
this deponent commanded the said Caroline, and that she was cleared from 
Buffalo with a view to run between said Buffalo and Schlosse?', carrying 
passengers, freight, &c.; that this deponent caused the said Caroline to bt 
landed at Black Rock, on her way down, and that while at Black Rock 
this deponent caused the American flag to be run up ; and that, soon aftei 
leaving Black Rock harbor, a volley of musketry was discharged at the 
Caroline from the Canada shore, but without injury ; that the said Caro- 
line continued her course down the Niagara river unmolested, and landed 
outside of certain scows or boats attached to Navy island, wheie a number 
of passengers disembarked, and, as this deponent supposes, certain arti- 
cles of freight were larded ; that, from this point, the Caroline ran tc 
S<hlosser, arriving there at three o'clock in the afternoovi ; that between 
this time and dark the Caroline made two trips to Navy island, landingas 
before; that at about six o'clock in the evening this deponent caused the 
said Caroline to be landed at Schlosser, and made fast with chains to the 
dock at tltat place; that the crew and officers of the Cartdine numbere<] 
ten ; and that in the course of the evening twenty-three individuals, all ol 
whom were citizens of the United States, came on board of the Caroliney 
and requested this deponent and other officers of the boat to permit them 
to remain on board during the night, as they were unable to get lodgings 
at the tavern near by. These requests were acceded to, and the persons 
thus coming on board retired to rest, as did also the crew and officers ol 
the Caroline, except such as were stationed to watch during the night. 
That about midniglit this deponent was informed by one of tlie watch that 
several boats, filled with men, were making towards the Caroline from the! 
river; and this deponent imnjediately gave the alarm, and before he was 
able to reach the dock the Caroline was boarded by some 70 or 80 men, 
all of whom weie armed ; that they immediately commenced a warfare 
with muskets, swords, and cutlasses, upon the defenceless crew and pas- 
sengers of the Caroline, under a fierce cry of G — d damn them — givei 
them no quarters — kill every man — fire ! fire ! That the Caroline wasi 
abandoned without resistance, and the only effoit made by either thei 
crew or passengers seemed to be to escajje slaughter ; that this de|>onej)t 
narrowly escaped, having received several wounds, none of which, how- 
ever, are of a serious character; that immediately after the Caroline fell 
into the hands of the armed force Avho boarded lier, she was set on fire, 
cut loose from the dock, was towed into the current of the river, there 



[ House Doc. No. 73. J 383 

abandoned, and soon after descended the Niagara falls ; that this depo- 
nent has made vigilant search after the individuals, thirty-three in num- 
ber, who are known to have been on the Caroline at the time she was 
boarded, and twenty-one only are to be found ; one of whom, to vc it, Amos 
Durfee, of Buffalo, was found dead upon the dock, having received a shot 
from a musket, the ball of which penetrated the back part of the head, 
and came out at the forehead. James H. King and Captain C. F. Hard- 
ing were seriously, though not mortally, wounded. Several others re- 
ceived slight wounds. The twelve individuals who are missing, this de- 
ponent has no doubt were either murdered upon the steamboat, or found a 
watery grave in the cataract of the falls. And this deponent further says 
that, immediately after the Caroline was got into the current of the stream 
and abandoned, as befoie stated, beacon-lights were discovered upon the 
Canada shore, near Chippewa ; and after sufficient time had elapsed to 
enable the boats to reach thatsliore, this deponent distinctly heard loud and 
vociferous cheering at that point; that this deponent has no doubt that the 
individuals who boarded the Caroline were a part of the British forces 
now stationed at Chippewa. 

GILMAN APPLEBY. 
Subscribed and sworn December 30, 1837, before me, 

S. B. PIPER, 
Commissioner of Deeds for JViagara county. 

State of New York, ") 
JViagara county, J 

Charles F. Harding, James H. King, Joshua H. Smith, William Sea- 
man, William Kennedy, William Wells, John Leonard, Sylvanus Staring, 
and John Haggarty, being sworn, severally, depose and say, that they 
have heard the foregoing affidavit of Oilman Api)loby read ; that they were 
on the Caroline at the time she was boarded, as stated in said affidavit; 
and that all the facts sworn to by said Appleby, as occurring after the 
said Caroline was so boarded, as aforesaid, are correct and true. 

C. F. HARDING, 
J. H. KING, 
J. H. SMITH, 
WM. SEAMAN, 
WILLIAM KENNEDY, 
WM. WELLS, 
JOHN LEONARD, 
SYLVANUS STARING, 
JOHN C. HAGGARTY. 

Sworn and subscribed December 30, 1837, before me, 

S. B. PIPER, 

Commissioner of Deeds for jYiagara county. 

Mr. Poinsett to General Scott. 

Department of War, 

January 5, 1838. 
Sir : You will repair, without de'ay, to the Canada frontier of the 
United States, and assume the military command there. 



384 [ House Doc. No. 73. ] 

Ucrewitli you w\\\ receive duplicate letters to the Uoveniors of the 
States (.r Now York and Vermont, requesting them to call into the service 
of the United States such a militia force as you may deem necessary for 
the dtlVnce of that frontier of tlie United States. 

'lliis i)o\vcr has been confided to you in the full persuasion that you will 
use it discreetly, and extend the call only so far as circumstances may 

seem to re(inirc. _ . , , , r •• i 

It is im|)ortant that the troops called into the service should be, it possible, 
exempt from that state of excitement which the late violation of our terri- 
tory has creati'd : and you will therefore impress upon the Governors of 
these border States the propriety of selecting troops from a portion of the 
State distant from the theatre of action. 

The Executive possesses no legal authority to employ the military lorce 
to restrain persons within our jurisdiction, and who ought to be under our 
control, from violating the laws, by making incursions into the territory 
of nei"ld)oi ing and friendly nations, with hostile intent. 1 can give you, 
theretore, no" instructions on that subject ; but request that you will use 
your ihih'icnce to pievcnt such excesses, and to preserve the character of 
this Government for good faith and a proper regard for the rights of 
friendly Powers. 

The militia will be called into the service for three months, unless sooner 
discharged ; and in your requisitions you will designate the number of 
men. aifd take care that the olliccrs do not exceed a due proportion. 

It is deemed important that the administrative branch of the service 
should be conducted, wherever practicable, by officers of the regular 

The disposition of the force with regard to the points to be occupied 
is confided to your discretion, military skill, and intimate knowledge of 
the country : a'nd the amount of that force must depend upon the character 
and duration of the contest now going on in Canada, and the disposition 
manifested by the peoi)le and the public authorities of that colony. 

The President indulges a hope that outrages similar to that which lately 
occurred at Schlosser will not be repeated ; and that you will be able to 
maintain the peace of that frontier without being called upon to use the 
force which has been confided to you. 

Verv resneclfully, your most obedient servant, 

■^ ' J. R. POINSETT. 

Brevet Major General Winfield Scott, 

Washington Cittj. 



Mr. roinselt to Governor .Marcij. 

Department of Waii, 

January 5, 1838. 
Sill : Tlie territory of the United States lia\iiig been violated by a party 
of armed men from the Canada shore, ami api)reliensions being entertained, 
from the higldv excited feelings of boih parties, that similar outrages may 
lead to an iiiva'sion of tiur soil, the President has thought proper to exercise 
the authority vested in him by law, and call out such a militia force as may 
be deemed necessary to protect the frontiers of the United States. 



[ House Doc. No. 73. ] 385 

I am, in coiiscqiiencp, iiistfiicted by the Pidideiit to request you will call 
into the service of the United States, and place under the command of Bre- 
vet Major General Scott, sue h militia Coice as he may i'ef|uiie to be em- 
ployed on the Canada frontiei', toi- the [)ui|)ose herein set foitii. 
Very respectrullv, your most obedient seivant, 

J. K. POINSETT. 
His Excellency W. L. Marcy, 

Governor of Mw Fork, Jilbunij, JNTet/; Fork. 

[Same to Ijis Excellency Silas H. Jenison, Governor of Vtrmont, 
Montpelier, Vermont.] 



Mr. Forsyth to Mr. Fox. 

Department of State, 

Washington, January 5, 1838. 

Sir : By tiie direction of the President of the Uriited States, I have the 
honor to communicate to you a co|)y of the evidpnce fnr-nished to this De- 
partment, of an extr-aordinary outrage committed fi'otn her Britannic Ma- 
jesty's Province of Uj)|)er' Canada, on the persons and |)r(i|)erry of citizens 
of the United States, within the jurisdiction of the State of New York. 
The destruction of the ])roperty, and assassination of citizens of the United 
States, on the soil of New York, at the moment when, as is well known 
to you, the President was anxiously endeavoring to allay the excitement, 
and earnestly seeking to pi-event any unfortunate occurrence on the fron- 
tier of Canada, has produced upon liis mind the m'»st painful emotions of 
surpri.sc and regret. It will necessarily form the sul)Ject of a demand for 
redress upi)n her Majesty's Government. This ci)mmunication is made 
to you under the expectation that, througli your instrumentality, an early 
explanation may be obtained, from the authoiities of Upper Canada, of all 
the circumstances of the transaction; and that, by your advice to those 
authorities, such dec'isive precautions ntay be used as will r-ender the per- 
petration of similar acts hereafter impossible. Not doubting the (lisposi- 
tion of the Government of Upi)er Canada to do its duty in punishing t'le 
aggressors, and preventing future outrage, tlie President, notwithstanding, 
has deenied it necessary to oider a siifli( ient f.trce on the Irontier, to repel 
any attempt of alike ciiaractei-, ami to make known to you that, if it 
should occur, he canmtt be answerable for the efftcts of the indignation of 
the neighboring people of the United States. 

I take this occasion to renew to you the assurance of my distinguished 
consideration. 

JOHN FORSYTH. 

Heury S. Fox, Esq., c^'c. 
26 



386 [ House Doc. No. 74. ] 

[ House Doc. No. 74 — 25ih Congress 2d session. ] 

Message from the President of the United States, transmitting the in- 
formation required by a resolution of the House of Representatives of 
the 5th of January instant, c^'c. 

To the tfoHse of Reprcsentdtives of the United States : 

I Iiorcwith tfansinit to tlie House of llcpi'cspntatives a report and ac- 
com|)aiivi!ig docuiiKMits fi-om f|it» Sccrctaiy of State, in compliance with a 
rcsolulioij of that bod^ dated tlie otli instant. 

M. VAN BUREN. 

Washington, ./« /I »<irj/ 8. 1838. 



Dbi'vhtment of State, 

fyashingtou, Jannarij 8, 1838. 
To the President of the United Stales : 

'I^lie Secretary of State, to wiioin have been i-eferrod certain resolutions 
of the House of Reprf^sentatives, dated tlie 5tli instant, th*-. second of which 
requests the President of the Utiite<l Slates to communicate to that body 
»* copies of all instructions to the officers of the Gov"M'nment of the United 
States, and all correspondence with them, with the Governors of any of 
the States, and with the Govci-nments and officers of Mexico and of Gi-cat 
Britain, concei-ning the jjrc^ervatioii of the neutrality of the United States 
in the civil wars and insurrections in Mexico and in any of the British 
ProviniM'S north of the United States, since the year 1829 : and particu- 
larly (»f a letter from the late Piesident of the United States to the Secre- 
tary t>f theTerritory of Arkansas, dated on or about the lOth of December, 
1830." lias the hono!- to report to the President the accompanying papers, 
cinbracitig all the instructions and correspondence requested by the reso- 
lution above cited, not ali'eady published,* with the excejjtion of the letter 
from the late Pi-e?ident of the Lfnited States to the Seci-etary of the Ter- 
riiory of Arkansas, said to be dated about the 10th of December, 1830. 
The files of this Department have been carefully examined, but no letter 
has been found from the late President to the Secretary of Arkansas. 
Respectfully submitted. 

JOHN FORSYTH. 



L I s r . 

Mr. CarJi'ton to Mr. Forsytli, Ormber 21, 1835. 
Mr. Fi>is}th to Governor- » !iite, October 27, 1835. 
Tlie same to Mr. Carlelon, October 27, 1835. 
Mr. Price to Mr. Forsyth, N<ivember 9, 1835. 



♦See document No. 256, 24il> Corigr. ss, 1st session. 

Document N>). 105, 24. h Congress, 2d se.'^sion, and document No. 2, Kccompanyingf 
the message of the Presidt nt at the opening' of the 2d session of the 24th Con- 



gress. 
Document No. 139, 24lh Congress, 2d session. 



[ House Doc. No. 74. ] 387 

The same to tlu' same, witli nu losures, November IS, 1835. 

Mr. Blache to Mr. ^^)rs}•tIl. \v:;Ii an niclosnre, November iG, 1835. 

Mr. J. Forsyth, jr. to Mr. KurK\tI,, Novcnibrr IB, 1835. 

Mr. Carlotoii to Mr. Forsyih, with enilosiires, Jariiiar} 21, 183G. 

The same to tlie same, with an eiitlosure, March 7, 1836. 

Mr. Sanders to Mi-. Forsyth. April 22, 183G. 

Mr. Gaines to Mr. Forsytli, May 22, 1836. 

Mr. Fox to Mr. Forsyth, November- 2S, 1837. 

Ml-. B'oi-syth to Mr-. Fox, Drccmbir 2, 1837. 

Same to Governor Diinhip, December 5, 1837. 

Ml'. Fox to Mr. Fur-sytli, with ench)sriiT, January 4, 1838. 

Mr-. Forsyth to Mr. Fox, J:iniiai-y 5, 1838. 

Same to Mr-. Kelh)gg, December 7, 1837. 

Same to Governor Marcy. December 7, 1837. 

Mr. Ti-owbri(Ige to Mr-. Fillmoi-e, Dccenrber 12, 1837. 

Same to the President, December 14, 1837. 

Governor Jenison to Mr-. Fm-sytli, December IG, 1837. 

Mr. Wright to Mi-. Fors;>th, with ench)sui-es, December 16, 1837. 

Mr. For-syt!) to Mi-. Wrigiit, December 18, 1837. 

Mr. Benton to Mr-, Forsylh, with enclosure, December 18, 1837. 

Mr. KeHogg to Mr. Forsyth, December 20, 1837. 

Mr. Forsytli to Mr. KeMogg. December 20, 1837. 

Mr. Fillmore to Mr-. Poinsett, with enclo!ur-e, December 21, 1837. 

Mr. F<»rsyt!i to Mr. Bentorr, December 21, 1837. 

Mr. Woodbury to Mr-. Foisyili. with enclosure, December 21, 1837. 

Governor- Mason to Mr. For-s)t!i, December 21, 1837. 

Mr. Barker to the Pr-esident. December 23, 1837. 

Mr. Benton to Mr. Forsyth, with enclosures, December 26, 1837. 

Mr. Forsyth to Governor Jenison, December27, 1837. 

Same to Mr-. Kellogg, December- 29, 1837. 

Mr. Woodbur-y to Mr-. Forsylh, with enclosures, Januai-y 5, 1838. 

Mr. Forsyth to Mr. Benton' January 5, 1838. 

Mr. Woodbury to Mr. Forsyt!), witii enclosure, January 6, 1838. 



Mr. Car let on to Mr. Forsyth. 

New Orleans, OdoberZl, 1835. 

Sir : I have the honor herewith to forward to you several of the newspa- 
pers of this city, from which the President will be fully apprized of the 
nature of the excitement felt here at the present situation of Texas, and 
the part which some of our- citizens seem disp;)scd to take in the struggle 
about to arise between that Provi/ice arrd tlie parent State. There can be 
no doubt that certairr persons intend to proceed thitlier, to act in coircert 
with the Texans, should an occasioir present itself. Yet, when the matter 
is more narrowly iirvestigated, it is difficult to apjdy to them the provis- 
ions of the second or sixth sections of the act of the 20tli April, 1818; for 
it does not appear that any regular enlisting or entering as soldiers has 
taken place within the meaning of the statute, or that any definite or tan- 
gible military expedition or enterprise has been set on foot or begun. 

I have just had an interview upon this subject with the Mexican con- 



388 [ House Doc. No. 74. ] 

sill, to whom I cx|)rc.sse(l a willingness to prosecute, under that law, for 
anv offence committed against his Government, whenevei- himself or any 
one else would indicate the testimony upon which proceedings could be 
properly base<l. Ue seemed to think his agency would be unavailing, and 
said lie could do nothing more than cotninunicate the facts, as they 
occurred, to tlie ofticers of his Government. 

I have the honor to be, very respectfully, your obedient servant, 

HENRY CARLETON. 

Hon. John Foustth, 

Secretary of State, Washington City. 



Mr. Forsyth to Governor White. 

Department of State, 

Washington, October 27, 1835. 

Sir : The contest which is apparently beginning in a territory adjoin- 
ing the United States, between parties of the Mexican emj)ire, and recent 
publications in the public journals of New Orleans, lead to an apprehension 
that attempts may be made to violate the laws of the United States, passed 
to preserve the relations of amity with foreign Powers, and to fulfil the 
obligations of our treaties with them. By the directions of the President, 
I have the honor to request the attention of your excellency to any move- 
ments of that character that may be contemplated in Louisiana, and your 
prompt interference, and that of the ofticers of the United States, to arrest 
the parties concerned, if any preparations arc made of a hostile nature 
against any foreign Power in amity with the United States. 

I have the honor to be, sir, your obedient servant, 

JOHN FORSYTH. 

His Excellency Edward D. White, 

Governor of the State of Louisiana. 



Mr. Forsyth to Mr. Carleton. 

Depaktment of State, 

Washington, October Q7, 1835. 
Sir : I am directed by the President to call your attention to the recent 
publications in the extra New Orleans True Ameiican of the 13th instant. 
In the too probable event of a contest between the different portions of the 
Mexican empire, in the quarter a«ljuining the United States, some of our 
citizens may, from their connexion with the settlers there, and from their 
love of enterprise and desire of change, be induced to forget their duty to 
their own Government and its obligations to foreign Powers. It is the 
fixed determination of the Executive faithfully to discharge, so far as his 
power extend^, all the obligations of the (Government, and that obligation 
espc( iaily that recpiires that we shall abstain, under every temptation, 
from intermeddling with the domestic disputes of oiher nations : you are 
therefore earnestly enjoined to be attentive to all movements of a hostile 



[ House Doc. No. 74. ] 389 

cliaracter, contemplated or attempted, within your district ; and to prose- 
cute without discrimiiiiitiuu all vlolatoi's ul' those laws of the United States, 
which have been enacted to picserve peace witii loicign Powers, and to 
fulfil the obligati(»ns of our treaties \siih them. 

1 am, sir, jour obedient servant, 

JUIliN FOUSYTH. 
To Henry Cauleton, Esq. 

.attorney of the U. S- for the East. Dist. of Louisiana. 



Mr. Price to Mr. Forsyth. 

United States District Attorney's Office, 

JS'ew York, JS'ovember 9, 1835. 

Sir : I have the honor to acknowledge the receipt of youi* letter of the 
4th instant, calling my "attention to the probable event of a contest be- 
tween certain portions of the Mexican empire, in those parts thereof 
which adjoin the U'lited States." 

I have this day communicated witli the collector of this |)ort upon the 
subject, and especially requested him to report to me fortiiwith, for prose- 
cution, any violation of the act of the 20th April, 1818, entitled '*An act 
in addition to an act for the punishment of certain crimes against the Uni- 
ted States, and to repeal the ac's therein mentioned." I will, in all re- 
spects, bestow the utmost attention on '< all movements in this district 
which may in anywise tend to sustain the obligatif)ns of the Government, 
and more especially of that which requires that we should abstain, under 
every temptation, from intermeddling with the domestic dissensions of 
other nations." 

I have the honor to be, sir, very respectfully, your obedient servant, 

WILLIAM M. PRICE. 

U. S. District Attorney. 

To the Hon. John Forsyth, 

Secretary of State, Washington. 



Mr. Price to Air. Forsyth. 

U. S. District Attorney's Office, 

J\''ew Fork, J^ovember 13, 1835. 

Sir : In pursuance of the instructions in your letter of the 4th instant, 
I have the honor to report the proceedings 1 have taken in furtherance of 
its object. 

As the provisions of the 10th and llth sections of the act of April 20, 
1818, peculiarly address themselves lo C(»llectors, on the 6th instant I 
communicated a copy of your instructions to the collector of this port, ac- 
companied with a letter, of wliich 1 enclose a coj)y. No. I. On the same 
day I addressed a letter to the Mexican consul residing in this city, from 
whom, on the following day, I received a reply, of which I furnish you 
with a copy, and also with a copy of my letter to him, Nos. 2 and 3. One 



390 [ House Doc. No. 74. ] 

of the (loptity tno.i-slials attended at the meeting leferred to in the letter of 
the corisiil ; and on reijoi-ting to nic substanti;ill}' its j)roceedings, the reso- 
lutiotis did nnt designate the use to wliirli the money jjinposed to be con- 
tributed was to be applied. I, nexertheless, co)isidered it to be my duty to 
])resent the case to the attention of the grand jury, now sitting. A doubt 
arising whetlier the provisions of the sixth section (for thei'o was clearly 
no i'\ idence applirable to any otiier provisions of tlie act) had been violated, 
the giand jury forinally prop lunded a (ju;stion to tlie court. Judges 
Thompson and Betts concurred in a written opinion in reply : a copy of 
Nviiich Iheiewith ti-ansniil, together with the copy of the ([uestion proposed 
by the grand jury, No. 4. 

The section referred to does certainly admit of the literal construction 
given to it by flie court, and would be well amended by striking out the 
words in the fourtli line, to wit : " to be cari-ied on from thence ;" and it 
would be well also to make it penal to "combine, confederate, or agree, 
directly or indirectly, to prouote, aid, or assist ?uch expedition or enter- 
prise." 

I have this day I'cceived from the Mexican consul i-esident here, a letter, 
a copy of which I enclose, calling my attention to an advertisement in the 
•* Times," giving the pioceedings of a meeting held last evening at Tam- 
many Hall, with regard to the American teri'itory of Texas. I will forth- 
with endeavor to obtain e\ idence of the establishment of the recruiting of- 
fice referred to by the consul, such acts being unquestionably in violation 
of the statute leferred to. No 5. 

I have the honor to be, very lespectfuUy, sir, your most obedient servant, 

WILLIAM M. PRICE, 

U. S. District Mlorney. 

To the Hon. John Forsyth, 

Secretary of State, ff'ashington. 



No. 1. 
Afr. Price to Mr. Swart wont. 

United States Distkict Attouxky's Office, 

J\"ew Fork, JS''oveinher 6, 1855. 

Sir : 1 ha\c the honor to communicate to you a copy of a letter this day 
received by me from the honorable the Secretary of Slate, dated the 4tlt 
instant, and refer you for your goverwment in the piemises generally to 
the provisions uf the act of the 20th of April, 1818, entitled <• An act in 
addition to aj» act for the punishment (»f certain crimes against the United 
Stales, and to n-jjeal the acts therein mentioned,'' and esi)ecially to the 
10th and 1 1th sections of the act. Gth volume l^aws of the U. S.,page 320. 
With very great I'espect. your most ohi-dient scrv;!nt, 

WILLIAM y\. I'RICE, 

U. S. District JIttorneij, 
To Samufi. SwARTWorr, Ks(|. 

Ci)llcclor of the port of A^w I'urk. 



[ House Doc. No. 74. ] 391 

No. 2. 
Mr. Price to Mr. Gunzdlez 

United States Distuict Attokney's Office, 

J<'nv York, JS''uvember 6, 1835. 

Sir: I have the honor to advise you that I have (his day received in- 
structions from the honorable the Secretary of State of the United States, 
zealously to exert myself, as the prosecutitig ollicei' of the Govennneut, to 
prevent all persons in this district from directly or indirectly taking part 
in a contest nhich may possibly occur between the diffeietit poitioiis of the 
Mexican empire adjacent to the Utiiled States, and to prosecute indis- 
criminately all violations of the laws of the United States which have 
been etracted for the preseivatioti of tiie public ptacc and the fulfilment of 
the obligations of treaties with foreign nations. 

Permit me, sir, to refer you to an act of Congress of the United States 
passed on the 20th of April, 1818, entitled <• An act in addition to an act 
for the punishment of certain crimes against (he United States, and to re- 
peal the acts therein mentioned," 6th volume United States Laws, page 
320 ; and to ie(iuest you to advise me of any violation of its provisions 
within this district which may come to your knowledge, that I may pursue 
such legal measures as occasion may require to bring the offenders to 
justice. 

I am, sir, with great respect, your most obedient servant, 

WILLIAM M. PRICE, 

U. S. District attorney. 

To Seiior P. Gonzalez, 

Consul of Mexico to the United States- 



No. 3. 
Mr. Gonzalez to Mr. Price. 

New York, J^'oxember 10, 1835. 

Sir: I have tlie honor to acknowledge the receipt of your official 
letter of yesterday, by which you inform me that instructions have been 
directed to you from the honorable the Secretary of Stale of the United 
States to zealously exert yourself, as the prosecuting officer of the Govern- 
ment, to prevent all persons in this district from directly or indirectly ta- 
king part «' in a contest that may possibly occur between the diHerent por- 
tions of the Mexican emi)ire aiijacent to the United States, and to prose- 
cute indiscriininalely all violations of the laws of the United States which 
have been enacted for the pi-e-ervation of tlie public peace and the fulfil- 
ment of the obligations of treaties with foreign nations." 

You furtiier refer me to the act of Congress of the United State'^ passed 
on the 20th of Apiil, 1818, entitled "An act in addition to an act for the 
punishment of certain crimes against the United States, and lo repeal the 
acts therein mcntionedv" ivrpiesting that I advise you of any violation of 
its provisions within this district which may come to my knowledge. 

Allow me, therefore, sir, to call your attention to a i esulution adopted 



392 [ House Doc. No. 74. ] 

oil Satiir<la_v, tlic 7(li instant, in a public niccting li«'l(l at the Sliakf^jioare 
lioti'i. »' ill Chvoi' of aiding the canse cC Ti-xiis, oi- the 'rexoiiians, in tlicir 
struggle Ittr iVt'edom." ll.is resolution, jmliiislied in most of the |)a|)ers of 
this citv. is the aiipointineht of "a roinmittec of citizens to solicit and re- 
ceive siibscri|itioiis for the benefit of the Texonians." Although the reso- 
lution, in itself, (hn-s not j)ur|)oit any hostile or warlike measure, taking 
into consideration the object of tiie meeting, theie can be no doubt but that 
it is the first of further steps that are to be taken towards a dii-ect inter- 
feience, on the jiait of tlie great number of citizens of these United States 
with the political disturbances wliicii actually exist between a jioition of 
the Mexican republic adjacent to the United States, as tiie territories of 
Texas are. I suggest to you this observation in the discharge of my duty 
as consular agent of the United Mexican States, and to comply with the 
request contained in your note that you will pursue the measures which 
the law has intrusted to you. 

\\\{\i great respect, your obedient servant, 

P. GONZALEZ, 
Mexican Vice Consul for AVw York. 
To WiixiAM M. Pkice, Ksq. 

United States Jlttorney 

for the southern district of New York. 



No. 4. 



The grand jurors of the United States for the southern district of New 
York, in the second circuit, respectfully submit to the honorable circuit 
court of the Uwited States the following inquiry, in relation to a matter 
at present under their consideration : 

Is it, or not, a Niolation of the 6th scctif)n of the act of Congress, pass- 
ed on the 20th of Ajiril, 1818, cntithd ''An act in addition to an act for 
the punishment of certain crimes against the United States, and to repeal 
the acts therein mentioned," that meetings sliould be held in this district, 
and committees ajipointed to provide means and make collections for the 
purpose of enabling the inliahitants of Texas to engage in a civil \\arwith 
the so\ereigiit> of Mexico, now at peace with the United States ? 

GIDEON TUCKER. 

To which jirojtosition the court rejilied as follows : 

III answering the foregoing inquiry, the court will confine itself to the 
facts stated, and the sec' ion ol the law referred to. The inquiry is, whether 
meetings luhl in this district, (or State,) and committees ajipointed to jiro- 
vide means and make collections for tlic purpose of enabling the inhahit- 
unls (f I'f.vds to cu2;fige in a civil irar ^l•it/L the sovereignty of Mexico, is 
a violation of the srrtion of tlie law rcfeiied to ? 

'I'liat section of the act is as follows : « ^/k/ be it further enacted, That 
if any person shall, within the territory or jurisdiction of the United 
States, begin or set on foot, or provide oi- prepare the means for, any mili- 
tary expeditioti or enteijirisc, to be carried on from tlicnce against the ter- 
ritory or doiiiiiiions of any fnrcign piiinc oi- State, nv of any c<dony, dis- 
trict, or |)ro]»|c with whom ihc United States are at jieace, e\ery jierson 
so onViiiling shall be deemed guilty of a high misdemeanor, and shall be 



[ House Doc. No. 74. ] 303 

fined not exceeding tlirec thousand dollars, and imprisoned not more than 
three years." 

This section applies only to military cxpeditioiis and enteij)rise.s tn be 
carried on from the United Slates against awy loreign I*o\\er with which 
we arc at peace. No pei-son shall i)egin or set on loot, or provide or pie- 
pare the means for, any military ex[)<M!iti(in or enttrprise, to he carried on 
from thence ; that is. I'lom the United States, oi- the teri'itory within their 
jnrisdiction. Donatimis in money, or any thing else, to the inli;thitants 
of Texas, to enable thrm to •'iigage in a civil war with the sovereignty of 
Mexico, is in no sen^e beginning, or setting on foot, or |)ro\i«liiig the 
means for, a military expedition from the United States or thvir territory. 
The answer, therefore, to the question put by the giand jury, is, that the 
facts stated do not amount to any offence, under the 6th section of the act 
referred to. 



No. 5. 
Mr. Gonzalez to Mr. Price. 

Nfiyv York, JVovember 13, 1835. 

SiK : 1 have the honor to enclose a number of the '*New York Times" 
of this day, in which you will find reported the proceedings of a meeting 
held last eyening at Tammany Hall, with regard to the American teiiito- 
ries of Texas adjacent to the United States. By these proceedings, it is 
plainly ascertained that there exists in this district an organized body of 
American citizens, yvith the avowed purpose of aiding the j^eople of Texas 
in their revolutionary moyements against the Government and laws of the 
United Mexican States. It was resolved, as you will perceive in the re- 
port, to appoint an executive committee to manage the collecticms that 
may be made for the supjjort of theTexonians j and moneys have already 
been raised to tliat end. It was, besides, announced in the said meeting, 
that a recruiting-office is open in No. 62, Front street, to those who will 
enlist themselves to take up arms on the side of the revolted Texonians. 

In my communication of the 10th instant, in answer to your note of 
the 6th, I mentionetl that the resolution adopted in the meeting held at the 
Shakspeare hotel, on Saturday, the 7ili, in favor of Texas, ought to be 
considered as the first of further steps that were to be taken towards a di- 
rect interference on the part of a great number of American citizens in 
the political aff'airs of Mexico. It is now certain, sir, that this interfe- 
rence is undertaken by a body of citizens, in violation of the law of nations, 
and of the laws of tiie United States enacted to enforce it. 

I therefore denounce to you these proceedings, as well as the measures 
that are to be their consequeiice, and which are, to set on foot, prepare, 
and provide the means for a military exjiedition to b? carried on from 
hence against the Mexican territory: and solemnly protest against them 
as a violation of the law of nations and of the laws of the United States 
enacted for the preservation of the j)ublic peace, and tlie fulfilment of the 
obligations of treaties with a friendly Power, with which the United States 
are at peace. 

With great respect, your obedient servant, 

P. GONZALEZ, 
Mexican Vice Cousulfor J\''ew Fork. 

Wlliam M. Prick, Esq. 

U. S. District attorney for the Southern District of JSTexv York. 



394 [ House Doc. No. 74. ] 

Mr. Blache to Mr. Forsyth. 

Dki'vutmeni of State, 
JS'ew Orlea)is, jVorember 16, 1835. 
SiK : Iain directed by the Goxeirior to acknowledge the icceipt of 
your cominiiiiicafion of the !27tli ultimo, (ouciiiiig certain dcmonsti-ations 
in New (M leans on the siibjcct of the Mexican aft'aii-.s. 

No otlicial iiifoniiatioii of attenipta of the kind alluded to having been 
given ai this ollice, and such ofTences being cognizable by the tribunals of 
the United States, the authorities of the General Government couhl prob- 
ably exert a more eilicient action in repressing them. 

With the view, however, of co-operating in the maintenance of the laws, 
the Govei'nor has issued a i)roclaniation, inserted in the '♦ Bee," of which 
a nunibei- is herewith foiwarded to the Departinetit. 

I have the honor to be, with great respect, youi- obedient servant, 

MARTIN BLACHE, 

Secretary of State. 
The Hon. John Forsyth, 

Secretary of State. 



PROCLAMATION. 

Bi/ Edivard D. IVhite, Governor of the State of Louisiana. 

Whereas the United States are now at peace \\ith the neigliboring 
States of Mexico, in which some hostile movements have occurred between 
the existing Government there and a portion of their people, in which con- 
test there has been in the State of Louisiana some manifestation of inter- 
est, which miglit lead not only to an infraction of our laws, but to a breach 
of national faith and honor ; the i itizeiis of the State, and others within 
its jtii'isdiction, are reminded of the pittvisions of the 2d section of the act 
of Congress of April SOth, 1818, which is in these words : 

" If any persoji shall, within the territory or- jurisdiction of the United 
States, enlist or enter himself, oi- hire or retain another person to enlist 
or enter himself, or to go beyond the limits or jurisdiction of the United 
States, with intent to be enlisted or entei-ed in the service of an} foreign 
j)i'ince, state, (olony, district, or i)eople, as a soldier, or as a marine or 
seam.m on boaid of any vessel of war, letter of maKpie, or privateer, 
every person so onVnding shall be deemed guilty of a high misilemeanor, 
and shall be fined not exceeding one thousand dollai's, and be imprisoticd 
not exceeding tliree yeais." This act docs not " extend to any subject or 
citizen of an} foreign piince, state, colony, district, or people, who sliall 
transictiM} be within the United States, and shall, on board of any vessel 
of Wi"-, letter of inan|ne or privateer, which, at the time of its arri\al 
within tlie United States, was (itfed an<! e(jnij)|)ed as such, enlist {»r enter 
hin.self, or- hire or retain another subject or citizen of the same foirign 
prince, state, C(dony, district or people, who is transiently withiti the 
I'niled Slates, to enlist uv enter himself to serve such foreign piince, slate 
cohiny, district, or people, on board such vessel of war, letter of marque 



[ House Doc. No. 74. ] 395 

or privateer, if tlu- United Stiites shall tiicri be at peace witli sucli foreign 
prince, state, colony, district, or people." 

Now, tliei-efore, I, fc^dwaid D. White, (lovcirioi- of the Slate of Louisi- 
ana, issue this n»y proclamation, calling upon all nr.tgistrates and other 
officers «f justice, and upon all good citizens, to a sist in preventing the 
violation of this law, and in bringing to punishment those who may ofTend 
against it. 

Given under my hand, and the seal of the State, at New Orleans, this 
ISth day of November, 1835, and of the independence of ihe United 
States the sixtieth. 

E. D. >VIHTE. 
By the Governor : 

Martin Blague, 

Secretary of State. 



Mr. J. Forsyth, Jun. to Mr. Forsyth. 

District Attorney's Office, 

Mobile, Jlabnmn, J^ovevibcr 18, 1835. 

Sir : I have the honor to acknowledge the receipt of your communica- 
tion of the 4th instant, u|)on the subject of the interference of American 
citizens, within this district, in the <» doiiestic dissensions" of Central 
America. There is no (juestion in my mind but that the 6th section of the 
act of Congress approved April 20, 1818, entitled '• An act in addition to 
the act foi' the punishment of certain crimes agaijist the United States," 
&c. has been grossly violated, both in its letter and spirit, by many of the 
most respectable and influential citizens of this State and city. During 
my absence from the State in October last, several public meetings were 
held in this city for the avowed purpose of raising men and money to suc- 
cor the insurgents of Texas ; and a company of 30 men was actually 
equipped and despatched from this city, and are now in arms in Texas 
against the Government '• de facto." I am at a loss to determine whether 
your instructions should be apjilied to the cases that have passed ; vshcthcr 
they should be retrospectively obeyed; or whether this last proposition is 
not negative<i by the concluding paragraph of your letter, which reads thus: 
" You are therefore earnestly enjoined, should this contest begin, to be at- 
tentive to all movements of a hostile character against either party, &c.; 
and to prosecute, without discrimination, all violations of those laws of 
the United States which have been enacted for the pi-escrvation of peace," 
&c. In this state of doubt, I resjjectrully rerjuest furthei* instructions in 
regard to the j)ast oficnces against t!ie law, atid submit whether it would 
not be expedient to give notice within this district that offenders under 
this law would be j)rosecuted for the saroe. 

It is hardly necessary to add, tliat if any new case should arise under 
the law and treaty in question, the ofTonders shall be promptly prosecuted, 
and every effort made upon my part to bi-ing tiiem to justice and a sense of 
their obligations and duties t(' the Guvoinment. 

I have the honor to be, with great respect, your obedient servant. 

JOHN FORSYTH, Jun. 

Hon. John For.svTii, 

Secretary of State, 



396 [ House Doc. No. 74. ] 

Mr. Carkton to Mr. Forsyth. 

New Orleans, /fln?/ary 21, 1836. 

Siu: Tliere have bfcii so many contiadictoty newspaper accounts con- 
cei'uiiig certain expeditions and arnuitnents said to have been fitted out at 
this city in aid of the Texans, in tiieir struggle with Mexico, that I have 
thought it iticuniherit on me to place the subject, through you, in its proper 
light before tiie ['resident. 

On ihe 26tii ultinjo I received the comniunication, a printed copy of 
which is annexed, and marked A. Some of the signers are officers of in- 
surance companies in this city, and the others members of the principal 
commercial houses engaged in the Mexican ti-ade. My reply is contained 
in the paper marked B. 

On the 3 1st ultimo, the jiiece marked C appeared in the Union, an 
obscure papei- jjrinted in this j)lace. Upon an intei-view with the collector, 
it was thought best to institute proceedings against the schooner Brutus, 
mentioned in document A. Accordingly, on the 4th instant, I caused 
nearly all the signei's of the document, as also the editor of the Uni(m and 
and author of the paper C, to be summoned before Mr. Justice Preval ; 
whereupon twenty witnesses weie examined, without obtaining a syllable 
of information touching the matters alleged. Every thing stated by them 
resolved itself into hear-say oi- common report. The examination took a 
wide range, and continued two days, i-eferriog to other armaments said to 
have been fitted out, as well as that under consideration. 

Since these proceedings, nothing further has been said on the subject of 
such armaments, either in the j)apers or among the citizens. 

Enclosed ai-e coj)ies of tlie depositions of the w itnesses ; from which it 
will ajjpear that the examination was thorough and rigid, and that iii- 
foi-mation was sought especially from those who were most interested in 
obtaining it. 

The paper D contains a notice of the issue of the examinations. 
I have the honor to be, very respectfully, your obedient servant, 

HENRY CARLETON. 

Hon. JoUN FoilSYTH, 

Secretanj of State, Washington City. 



A. 

New Orleans, December 26, 1835. 

To HenUY CAItLETON, Esq., 

United States District Jittorney: 

Being informed that the schooner Brutus has been puichased, and is now 
fitting out, armed with six cannon, and one large one on a pivot, for the 
pur|)ose of capturing Mrxican ves-sels, which, with their cargoes, arcprin- 
cijially ensured hy tin' underwriters of this city : and as our country is at 
peace with Mexic o; we. tlu' undersigned, i'e(|uest that immediate measures 
may be taken to prevent said vessel IVom leaving this port. 

John A. Merle &. Co. 

Messrs. Cuculla, Lapeyre ^ Co. 

Chalaron. 

S. T. Hobs(Mi ^ Co. 



[ House Doc. No. 74. ] 397 

Western Marine and Fire Insurance Co., by L. Matthews, president, 

Atlantic Iii'^nranre Company, by G. W. White Lee. 

GodfiTv, Blossom, & Co. 

J. K. West, president of Louisiana State Marine and Fire Insurance 

Company. 
Thomas Urfiuliart, president New Orleans Insurance Company. 
Merchants' Insur-ance Company, hy M. Morgan, president. 
M. de Legardi & Co. 

F. Gillit & Co. 
Kohn, Daron, & Co. 
Harrison, Brown, & Co. 
J. W. Zacharie At Co. 
Herman & Co. 
Gasquet, Parish, & Co. 

G. Vance and R. Gamble. 
A. 8c R. Dennistoiin & Co. 
J. Pratt & Son. 

A. M. Miranda & Co. 
J. M. Caballero. 
Francisco Tio. 
John Crosby. 
R. & J. Curell. 



B. 

The Courier, New Orleans, Tuesday Evening, December 29, 1835. 

New Orleans, December 28, 1855. 

Gentlemen : This acknowledges the recei|)t of your communication 
of the 26th instant, in wiiich y(»u state that you are informed the schooner 
Brutus is now fitting out, and armed with cannon, for the purpose of cap- 
turing Mexican vessels, and request that immediate measures may be 
taken to prevent her departui-e from this port. 

I regret, gentlemen, that you had not at the same time furnished me 
with proper affidavits, or the names of witnesses, who could set out specif- 
ically the facts upon which Judicial proceedings might be based. 

Mr. Curell, who delivered your letter, informed me that efforts were 
then making to procure such atiidavits, and ihat the result would be made 
known to me. In the mean while I have had an interview with the col- 
lector, who will promptly act, as far as lie is warranted, upon the informa- 
tion imparted to him. 

The law wisely and justly forbids any outfit of vessels in our ports, 
with intent to commit hostilities upon any people at peace with the United 
States ; and though my duty requires that I should prosecute for violations 
of that law, yet it does not require me to institute proceedings upon the 
testimony of mere common report. Notwithstanding it is currently said 
that such armaments have been fitted out at New Orleans, and soldiers 
enlisted, with intent to commit hostilities upon the Mexicans, nevertheless 
no person can be found in this entire population to make an atlidavit of 
the facts, or indicate a single witness who can establish them. Allow me, 
therefore, gentlemen, to state distinctly to yourselves, and all those who 



398 [ House Doc. No. 74. ] 

mav conceive that th<' oHicors of the Goveniiiutit ai-e remiss in their ihity, 
that tiiesi- are the only k'^iliniate grounds iij)oii whii'li |)iosccutioij can be 
insti'uted mid inaiiitained, aiiil to assure you liiat, wlienever they ace fur- 
iiishcd lo me, my efJ'orts sliall not be wanting lo enforce the penalties of 
the law. 

I have the honor to be. gentlemen, very respectfully, your obedi -nt 
servant, 

HENRY CARL ETON. 

To Messrs. Cucili.a, Lvpeyke & Co., Ch alauon, S. T. Hobson & 

Co., and others. 



D. 



We undei'stand that an inquiry has been made before Mr. Justice Pre- 
val, at the recjnest of the colK-ctor of this port, by the district attorney of 
the United States, in'o a chai-ge against Mr. Allen, of having armed and 
fitted out the Anierican schootier Brutus, with the intention to commit 
hostilities uj)un Mexican commerce. A large niimhei* of witnesses were 
examined. Ain(Mig them were the gentlemen who addressed a communi- 
cation to Mr. Cai'leton, j)ubli^hed in the papers ot" this city a few days 
ago ; the editor of the Union ; and several other persons, who, it was said, 
could give information on the su!)ject. 

No evidence, however, was elicited sufficient to justify any process 
against Mr. Allen. The testimony of his agent, and otliers, left no doubt 
that it was the intention of Mr. Allerj to employ the 13iutus as a regular 
trader between this cit) and '1 exas, and that all charges of an illegal in- 
tention on his pai't were unfounded, and to be traced only to general ruukor. 
Tlie judge, after a careful examination of all the witnesses, unhesitatingly 
rpfus«*d to issue any criminal process against Mr. Allen. 



Mr. Justice Preval, associate Justice oj the city court, 

TuE United States, ^ 

versus V 

A. C. Alle.v. 5 

Information having been cmnmunicatcd to me by the collector of this 
port, that a certain American schooner, called the Rrutus, has been fitted 
out in New Orleans, wheic she now is, and armed wil!> intent to commit 
hostilities and cruise against Mexic an vessels, wili you have the goodness 
to issue subpuitias foi- the following witnesses, wiio have been indicated to 
me as having a knowledge of the necessary facts upon which proceedings 
can be had against Mr. Allen ? 

Very respectfully, 

HENRY CARLETON. 

M. S. Cnculla, being duly sworn, deposes and says that he knows 
nothing about the schooner Brutus, except what he has seen in the public 



[ House Doc. No 74. ] 399 

papers of tliis city, li;iving I»ecn al)seiit since tin- 24tli of December last, 
on a voyage to Mobile and I'ensacola. 

M. S. CUCULLA. 
Swoin to and snbsrribt'd beioie me, 

G ALL! EN IMIEVAL, Judge. 
New OiiLKxyis, Jniiuanj 4, 1836. 

James Rtmage, being duly sworn, de[)i)ses and says tbat it is to his 
knowledge that the schooner Bnitus has been under rej)airs on the right 
side of the Mississippi ; that she is now on this side of the river, and is 
armed ; tliat she has on boivrd a pivot gun ; and, furt!ier, she has \mvt- 
holes and two otiier guns : last time witness saw those guns was Satuiday 
last, 2d January instant. 

JAMES ramagb:. 

Sworn to and subscribed before me, 

GAL LIEN PREVAL, Judge. 
New Orleans, JmiunrijA, 1836. 

Janjcs Curell, being duly sworn, deposes and says that he knows noth- 
ing from his own personal knowledge lelative to the schooner Bi'utus ; 
that what he knows about this matter, he knows it by infor uatiin fro n 
otlier persons. 

JAMES CURELL. 
Sworn to and subscribed before me, 

GALLIEN PREVAL, Judge. 
Ne>v Orleans, January 4, 1836. 

Augustus S. Martin, being duly sworn, deposes and says that he knows 
nothing about the schoo;ier Brutus and Mr. AHen, except what he has 
learned by a letter of Mr. Alien, published in tlie newspaj)e:\s of this city • 
which letter is no\\ annexed to his declaration. 

AUGUSTUS S. MARl'IN. 
Sworn to and subscribed before me, 

GALLIEN VREY \L, Judge. 
New Orleans, JiflJiitarJ/ 4, 1836. 

John F. Carter, being duly sworn, deposes and says that he knows 
nothing about the An»erican schooner Bi-utus, excejjt wliat he has heard 
from public rej)ort ; that he is the editor of the Union, (a newspaper pub- 
lished in this city.) Witness being asked for th^ sources of his information 
upon which lie wrote and pnblishcl a piece in the ''Union," of the 31st of 
December last, he refused to give the sources of information upon which 
he made the said publication. Witness says that there ate no details men- 
tioned in his publication ; the said piece is an editorial one ; he kti'iws the 
facts mentioned in the said piece, both by himself and public leport. Being 
asked whetiier the fitting out and armaments, in sight of the custom-house, 
is a fact which has come to his personal knowledge, or from report, he says 
he cannot call to mind which way. nor can he state the name of any particu- 
lar vessel; but he is under the impression that it was either tiie Columbus 
or the vessel that General Mehia went in. He thinks that it is possible 
that he saw the vessel, but cannot state which vessel it was. He does not 
recollect of having seen any arms on board, nor where the vessel was ly- 



400 [ House Doc. No. 74. ] 

ing at the time, unv how long ago it \va*<. Witness knows nothing about 
Mr. AMen. Hcing asked what are the names of the many respectalile cit- 
izens (alhided to in his publication) who might give information I'elative 
to the armaments of vessels in this port, he answers that he cannot now 
state their names, but will give a list of them to Mr. Carleton, the district 
attorney of the United States. The collector of the port, Mr. Breedlove, 
wrote a le'ter, addressed to witness, asking inforniation about the said pub- 
licatiott, and an answer has been returned to the collector. 

JOHN F. CARTER. 

Sworn to and subscribed before me, 

GALLIEN PREVAL, Judge, 

New Orleans, January 4, 1836. 

Thomas Urquhai t, being duly sworn, deposes ard says that he knows 
nothing frouj his own personal knowledge about the American schooner 
Brutus being fitted out to go and cruise against Mexican vessels ; he knows 
it only from jjublic report ; he knows of no fact which could lead to the dis- 
covery of the matter, nor does he know the name of any witness. Witness 
is the president of the New Orleans Insurance Company : he says that the 
pa|)er attached to his deposition is the copy of the original, which he signed 
liimself, and which was sent to the district attornev of the United States. 

THOMAS URQUHART. 

Sworn to and subsciibed before me, 

GALLIEN PREVAL, Judge, 

New Orleans, January 4, 1836. 

John Martial Lapeyre, being duly sworti, says that he is one of the sub- 
scribers to the petition or letter (of which the foregoing is a copy) ad- 
dressed to Henry Carleton, Esfj., as district attorney of the United States. 
He knows nothing about the facts contained in it ; but having seen it sign- 
ed by many respectable citizens, and having leason to believe that they 
knew the facts alleged in the petition, and, further, having a direct interest 
in the matter, these considerations induced hi(n to sign the said petition or 
letter. 

J. M. LAPEYRE. 

Sworn to and subscribed before me, 

GALLIEN PREVAL, Judge. 
Nem' Orleans, January 4, 1836. 

John Garnier, being duly sworn, says that he knows nothing fr(>m his 
personal knowledge of the schooner Brutus, nor of Mr. Allen. He knows 
only by i)nl)lic rejxiit that the said scliooner Brutus was fitting out in this 
port to g:o and cruise against Mexican vessels. 

JOHN GARNIER. 
Swoi-n to and subscribed before me, 

GALLIEN PREVAL, Judge. 
New Orleans, Janiu/rj/ 4. I836. 

Jolin A. Meile, I)eing (Inly sworn, deposes and says that he knows 
nothing from liis |»erson;il knowledge of the schooner lirutus, nor of Mr. 
Allni I l)nt having heard by jiiiljlic report that that vessel was aiming and 
fitting out in this [>ort with the purpose of cruising against Mexican ves- 



[ House Doc. No. 74. | ^101 

scls, and being much interested in the roinmcrci;!! trade on the coast 
of Mexico, he thought projjer to sign ;\n address to the disti-iet attorney (»!' 
the United Stairs, t(» rccouiinend him to tiiUc some n;casures mi ihat snh- 
ject. He does not know of any person who can attest the facts by personal 
kHowledge. 

JOHN A. MERLE . 

Sworn to and subscribed befoie me, 

GALLIEN VllEWL, Judge. 
New Orleans, Januarit 4, 18S6. 

William Christy, being duly sworn, deposes anil says that he knows 
nothing about Mr. Allen, exce()t this: tliat about t\\o weeks ago Mr. 
Allen came to his otlice, with some other gentlemen, and proj)osed to wit- 
ness to sell him two tracts of land iti Texas. Tnat he (witness) and five 
or six other persons, bought the said tracts of land from Mr. Allen, in the 
sum of ten thousand dollars, for w hicli sum they furnished their notes ; 
that Mr. Allen put Liis j)rice low for said land, because he wished, as he 
stated at the tin»e, to purchase a vessel. He knows nothing about the 
schooner Brutus being armed, or having been purchased by Mr. Allen. 

WM. CHRISTY. 

Sworn to and subscribed before me, 

GALLIEX I'REVA L, J*u/^e. 

New Orleans, January 4, 1836. 

John K. West, on his aflirmation, declares and says that he knows no- 
thing about the schooner, nor about Mr. Allen ; that he is president of tiie 
State Insurance Company : that he was informed by Mr. Stockton, the in- 
spector of said company, that said schoorier was fitting out and arm- 
ing on the other side of the river. He stated that the current rumor was, 
that she was arming for the purpose of cruising against Mexican vessels; 
that he wrote, himself, the letter or petition addressed to the district at- 
torney of the United States, to recommend him to take the necessary 
stej)s to stop the armament in question. Witness requested the insj)ector 
of the State Insurance Company to try to find out some persons who could 
make an affidavit on that subject, but he could not find any witness. 
Knew that the district attorney could not act without an alfidavit, and told 
so to several merchants with whom he conversed on that subject. Mr. 
Pechier, the partner of John A. Merle and Co., stated to witness that he 
knew of some ])ersons who could give information ; that Mr. Pechier told 
witness afterwards that he had asked the pei'son in question to come out 
and make his affidavit, but that he declined doing it. 

JOHN K. WEST. 

Affirme^l and subscribed before me, 

GALLIEN VREYAL, Judge. 

New Orleans, January 4, 18S6. 

R. M. Carter, being duly sworn, deposes and says that he has no posi- 
tive information of the fitting out of the Brutus, excej>t what is hereafter 
stated. That, in common with others, he believed that expeditions have 
been fitting out at this port of a hostile character to Mexico; that he be- 
lieved, after reading the advertisement by certain merchants of New Or- 
leans in regard to the object of the Brutus, that whe was to be engaged in 
£7 



402 [ House Doc. No. 74. ] 

sucli an fxpoililioii ; imjie es|)ecially believing lliat tiie ex[)C(lition of Gen- 
eral Miliia was oiienly fitted out at the levee; tliat Mf. T. Toby inlorm- 
ed de|)onent that vessels of war were fitting out at this j)ui't against Mexi- 
co ; lliat, after iieaiing of the Brutus, he cunsidered tliat she was one of 
the armed vessels alluded to by Mr, Toby; that, having irujuired what 
persons may give some positive information on tiiis subject, de|)oncntan- 
Hwers that he thinks tliat H. Lockett, A. Hodge, junior, and T. 'I'oby, may 
be able to give some positive testimony ; that the conversation alluded to with 
Mr. 'I'oby took jjlace on the morning of the couiinencement of the trial of 
Captain Thomjison in the United States district court. Mr. Carter be- 
ing asked what wailike |)reparations were making in siglit of the custom- 
house, he says that he always thought that the arcade, and the vessel that 
(jeneral Mehia went away in, were in tiie sight of the custom-house: but 
he considers that this question has nothing to do with this case, aiid that if 
{\ie Brutus was fitted out with hostile intent against Mexico, it was in the 
sight of the custom-house. Witness has no positive pei'sonal knowledge 
that the Brutus has been fitted out and armed against Mexico. Witness 
does not know of what warlike jireparations are spoken of in the Union 
of the 3 1st December last, under the editorial head. Witness does not 
know of any resjjectable jiersons, except tliose already mentioned, who> 
can give information about the Brutus. 

RICHARD M. CARTER. 

Sworn to and subscribed before me, 

GALLIEN PREYAL, Judge. 

New Orleans, January 4, 1836. 

Edward Hall, being duly sworn, deposes and says that he knows that 
the American schooner Brutus is now in this port, and is armed. She 
was advertised to go to Texas. In consequence of her being armed, wit- 
ness shi|)ped some goo<Js on board. Witness does not know that Mr. Al- 
len has any commlssi(»n as captain of an armed vessel. Witness j)ut on 
board of said vessel some j)rovisions and arms as cargo — the arms consist- 
ing of four guns of six-poundei'. He does not know that Mr. Allen has 
any inteRtion to cruise against Mexican vessels, nor that he has on board 
any marine or soldier in his service, other than his crew. That he has 
seen the instructions given to Captain Hurd, who commands the said 
8chooner, to proceed on hisjvoyage (piietly to Texas, as any merchant ves- 
sel. Witness has no know ledge how that vessel was employed heretofore. 
She was bought in this port by Mr. Allen. The passengers who are 
about to (le|)art on board of her told witness that they are going on board 
of that vessel on account of her being armed and able to protect tlienu 
Witness says that some three weeks ago there was a rumor that that ves- 
sel was to be fitted out to go to sea to cruise against Mexican vessels. 

Cross-examination by ]\fr. Iliuit. 

'Ihe general opinion among the merchants of this city is, that vessels 
going to Texas may experience some depredations on their passage, and it 
is on that account that vessels going to that place have taken arms on board. 

EDWARD HALL. 
Sworn to and subscribed before me, 

GALLIEN PREVAL, Judge. 
New Oulkans, Januanj 5, 183G. 



[ House Doc. No. 74. J 40'S 

Thomas Toby, on his alHinuition, dcjioscs and says that he knows no- 
thing about the schooner Urutus being lilted out and armed in tliis port, 
nor of any vessel. He recollects the conversalion which he had with iVlr. 
Carter, in the district court of tiie United States, in whicii he sp^ke of 
armed vessels ; but he did not at the time allude to any vessels of this |tort, 
nor to the Brutus — he meant a vessel fitted out at IJaltimore, with the in- 
tent of going on the coast of Mexico to protect commerce. 

THOMAS TOBY. 

Aftirmed and signed before me, 

GALLIEN FREVAL, Judge. 

New Orleans, January 5, 1836. 

Charles Bishop, being duly sworn, deposes and says, that about two or 
three weeks ago he had a conversation with R. M. Carter, Esq., at his 
olRce, relative to a vessel which was fitting out in this port at that time. 
He does not know the name of that vessel ; he did not know that the ves- 
sel was intended to cruise against Mexican vessels, or oidy to protect her- 
self in her trade to Texas. The vessel he spoke of was the vessel now 
owned by Mr. Allen. At the time that he had the said conversation with 
Mr. Carter, he communicated to him what he had heard from public report. 
He knew nothing, of himself, of the armament of said vessel. 

CHARLES BISHOP. 

Sworn to and subscribed before me, 

GALLIEN VREYAL, Judge,. 
New Orleans, January 5, 1836. 

Henry Lockett, being dul> sworn, deposes and says that he has no 
knowledge of any vessel fittitig out in this port \\ith the intent of cruising 
against Mexican vessels. He never heard of the Brutus until he saw the 
communication addressed to Mr Carleton, and signed by many (nerchants 
of this city. He knows notiiing about said vessel, except what he has 
heard from public report. He never spoke to Mr. Carter in his life about 
the Brutus, to the best of his recolleclioii. 

H. LOCKETT. 

Sworn to and subscribed before me, 

GALLIEN PREVAL, Judge. 

New Orleans, January 5, 1836. 

William Bryan, being duly sworn, deposes and says that he knows 
nothing about tlie schooner Brutus being fitted out in this port to cruise 
against Mexican vessels. He kfiows, on the contrary, as the agent of Mr. 
Allen, and from the instructions he received from him respecting the said 
vessel, that she was bought by Mr. Allen with the intention of sending her 
on a regular trade from here to Texas ; that she was advertised according- 
ly in the newspapers. The instructions which he received remain annexed, 
to his declaration. 

WILLIAM BRYAN. 

Sworn to and subscribed before me, 

GALLIEN FREVAL, JM(i^«. 

New Orleans, January 5, 1836. 

James W. Breedlove, the collector of this j)ort, being duly sworn, de^ 
poses ami says that this examination of witnesses has taken place at his 



404 [ House Doc. No. 74. ] 

roqiicst : tlrat ha\i?ig been informcl that tlie scljooner Brutus was arrived, 
he first tli(nie;lil tliat he woiiIjI cleai- her, in taking bojul, as the law direcls, 
lor double ol" tiie amount of her cargo. But liaviiig seen, in the pul)- 
lic ])aj)PTs III' (his city, that vessels were fitting out and aiming in tlie sight 
of the cnslom house, witii an intent to ci'uise and romniit liiistilities against 
Mexican vessels, he reluscd to clear out the said schooner Bi-utus, until 
some steps shouM be taken to ascertain whether thei'e was any just ground 
to justify the publication which appeared in the iiews])apers ; and he then 
wrote a letter to Henry Carleton, Es(j., district attoiney of the United 
States, requesting him to have certain witnesses summoned to testify on 
the matlei', before some niagi>-trate ol the city, (the publication allinied to, 
which was pi-inted in the Union on the 31st of December, 1835, lemain- 
ing annexed to his de|)osl(ion ;) and witness i-efjuested Mr. Carleton to 
summon Mr. John F. Carter, the editor of that j)aper, supjiosing tliat he 
would not have j)ublished the fact contained in said jniblication without 
soirie foundation, ^^'itness states that he has taken the bond of the owner 
of the Brutus, with four securities, in the sum of twenty thou'^and dollars, 
under the 11th sectioji of the act of Congress approved on the !20th of 
April. 1818 ; and whether he shall clear that vessel or not, without further 
investigation, depends upon the decision of this coui't ; that is, whether 
this court will discharge Mr. Allen or not. I'hat Mr. Allen exhibited to 
witness the bill (.f sale to him of the schooner Ciutus, and thereupon ob- 
tained an American register, surrendering, at the same time, the old one; 
also, the list of his crew, with American protections to the same, and the 
manifest of his cargo. 

J. \y. BREED LOVE, Collector. 

Sworn to ami subscribed before me, 

GALLIEN ?RE\AU Judge. 

New Orleans, January 5, 1836. 

Andrew Ho<lge, being duly sworn, deposes and says that he knows 
nothing about the schooner Brutus, exce|)t what Mr. Allen told him, and 
what he saw in the newspapers ; that since the jturchase, Mr. Allen told 
}iim that the Brutus will he a regular trader from New Orleans to Texas; 
that he has no recollection of having exchanged a word with Mi-. Carter 
respecting the schooner Brutus, until he spoke to him and told him that he 
had re|)orled his name to Mr. Carleton as a j)ers )n who could give some 
information on the subject, as being engaged in the Mexican trade. Wit- 
iiesH was surprised at it, having given up business about five vears ago. 

A. 110 DGE. 

Sworn to and subscribed before me, 

GALLIEN PREVAL, Judge. 

A'.BW Orlkans. Jduudnj 5, 1836. 

Extract from my records. 

On tliis day, the fourth ilay of January, 1836, Henry Carleton, Esq., 
•district attoiiiey of the United Slates, ajijilied to me, by a lettej- on file in 
(his ( ase, to have subj)0'nas issued for several witnesses, to examine them 
abfnit a cei-tain repr)r-t which had been made to him by the collector- f)f the 
port of New Orleans ; that tin* American schooner- Brutus, owned by tlie 
defendant, A. C. Allen, was fitting out and arming to go to sea, for the 



[ House Doc. No. 74. ] -465 

j)iir|)()sc<)f committing liostililics against (lie Mi-xiran vessels ; wliercupoit 
1 caused the lollnuing witnesses to be sninnioned belore me, tt) wit: M. S. 
Cnciilla, James llamage, J. Curell, Augustus S. Martin, J. F. Gaiter, 
'I'liomas Ur(|iiliair, J, M. Lajjevic, John (ianiier, J. A. Merle, William 
Clirist.v, J. K. West, R. M. Carter, K<l. Mall, Thomas 'roh,v, Chs. Bish- 
op, H. Lorkett. Wni. IJiyati, ,1. W. liieedlove, and Andrew Hodge. Af- 
ter receiving their declarations, anil dm' exainitiation of all the facts con. 
tallied therein, I am of opinion that there are not snllicient grounds for 
the issuing of any criminal process against (he delV'iidant. 

GALLIhN VliEWU Judge. 

New Orleans, Jamiary 5, 1836. 

I do hereby certify that the foregoing is a true and faithful cojjy of alt 

the proceedings had in this case. , 

Jissociate Judge of the city court of New Orleans, 

New Orleans, January 12, 1836. 



Jilr. Cnrleion to Jlr. Forsytlt. 

New Orleans, March 7, 1836. 

Sir : On the receipt of your communication of the 5th ultimo, I called 
on Mr. William Christy, and exhibited to him the letter of J. W. Cramp^ 
printed in the Oswego Palladium of the 20th Jaimary last. He expressed 
a willingness to appeal' before some judge, and respond to any proceedings 
that might be instituted against him. This mode I accordingly adopted, 
as the most elToctual to elicit the truth. Tliough many witnesses were 
examined, nothing was proved upon the accused that could warrant further 
prosecution. 

In the course of the investigation before Judge Rawie, which continued 
five days, disclosures were made directly implicating General Mexia 
(Mehia) for beginning, setting on foot, and pre|)aring the means for a mili- 
tary expedition against the republic of Mexico, which terminated in an 
attack upon Tampico, as is known to you. ilavitig ascertained that he 
was somewhere in this city, I caused him to be arrested, as also Captain 
Allen, one of his officers, and to be bound over for trial at the next tern* 
of the court. 

Enclosed is the opinion of the judge, discharging Mr. Christy, as also 
a printed account of the case from a city newspaper. 

I have the honor to be, very respectfully, your obedient servant, 

HENRY CARLETON. 

Hon. John Forsyth, 

Secretary of State, Washington City. 



Examination before E. Rawle, associate judge of the city court. 

The United States, ^ 

rersi/s v 

William Christy. ) 

At the request of tlie district judge of the United Stales, a notice was 
sent to the defendant to attend at the hour named, to answer to an accu» 



106 [ House Doc. No. 74. ] 

sation "of having, in the fall of 1835, been engaged, with otiier persons, 
at New Orleans, in unlawlnlly setting on foot, and in providing and pre- 
paiing the nx'ans for, a military expedition and entei|)rise, to he cai'ried 
on from ihei re. nnder the cemnj-riiid of Geneial Mexia, against the terri- 
tory and (l(iminioii>< of the Mexican lepuhlic, heing a foreign State with 
whont the United States aie at peare." 

Tlic defendant appeared and denied the truth of the cliarge, and stated 
Ihat he was leady for an examination. Many witnesses were examined, 
and all on ilie |)art of the prosecution. 

The crime of \\liich the defendattt is accused, is found described in the 
act of Congress ol April 20, 1818. The sixth section provide^, that if 
any peison sliall, within the territory or jurisdiction of the Ujiited States, 
begin or sit on foot, or jirovidi; or pre|)ai"e the means for, any military 
exi)edition or enterprise, to he cairied on from thence against the territory 
x>v dominions of any foreign prince or state, or of any colony or district or 
l>eople Nsith whom the United Stales are at peace, any j)erson so offending 
^shall he deemed guilty of a high misdemeanor, tVc. 

A vessel sailed from New Orleans in the afternoon of last year, having 
aboard a laigc numhei- of men and cannon, arms and stoi-cs ; and sulli- 
-cient evidence has made it appear that it was an expedition intended by its 
I leader, General Mexia, both before and after its leaving New Orleans, to 
be employed against some part of Mexico. Its character was not fully 
developed pievious to sailing ; hut from what we learn as to the events of 
that lime, and IVom wliat took jjjacc oti the voyage, and after the arrival 
at Tampico. the belief must be, that the object from first to last was mili- 
tary operation. 

Of its nature and destination, some persons besides Mexia, perhaps. 
Knew : and the inrjuiry now is, whether Mr. Cliristy was engaged in 
•^beginning or setting on foot, or providing or preparing the means, for this 
^'xpedition or enterprise. 

Mr. Chi'isty, it appears, was chairman of what was called the Texian 

.committee, and was frequently called upon by persons wishing to emigrate. 

.Among tiiosc who visited him at his ofllce, was General Mexia, who 

-avowed that he wished to do .something foi- the cause of Texas, and that he 

, intended to stiike a blow somewhere. The conversations between him 

and the defendant v\ere heard by the witne.ss ', and he states that Christy 

.always declined giving any assistance, or aid of any (lescrii)tion ; and 

that in all that took place at the oflice, whether with Mexia or others, the 

iangiiage of the (Ulen<lant was to dissuade persons from any enterprise to 

Texas, ai;d IVoiii joining Mexia's exjx'dition. 

There is no e\i(h'nre on the side of the prosecution which leads to sus- 
))icion that Cliristy had any thing to do with the expedition, or that he 
provided or prepaie<l any means, |)ecuniary or other, foi* it. 

The circumstance of an address to the men of Mexia, when they were 
ibout to euihark, retpiires Jiotice. Why it was delivered, and whether it 
-omcH wiihiti the act of Congress, as beginning or selling on f(,ot the 
expedition, should he considered. Front tlie address, as it has l)een de- 
^crilx'd to us hy the witnesses, we are to infer that Mi'. Christy knew at 
■lie time that Mexia, with his men, was to go to some point beyond Texas ; 
itid tliey eniharketj shortly after. 

The language of the defendant was not to persuade them to go, and it 



[ House Doc. No. 74. ] 407 

does not appear that any joinc<l the oxjjodition afterward. The witness, 
Allen, states that 'Mhey liad all voluntt^ered previous to that Jiine." 

Taking the speech of Mr. (Jhi isty by itself, we must decide that it is 
not such an act as the law of Congress notices; and we may say further, 
that it is not shown tiiat it contributed io any way lo promote the enter- 
prise, by further supplies of eillier men. money, f)r means. 

As regaids, therefore, a connexion \\\[U iMexia's ex|)(MlitioM, or the vio- 
lation of the law by the defendant, (and jjenal enactments must he con- 
strued strictly,) there is not suilicient evidence to cause him to l)c held lo 
bail. In a great degiee the testimony goes to establish the negative. 

There is no evidence of the setting on foot any warlike enterprise or 
military expedition, excepting that of Mexia, which has been noticed. 

The defendant, William Christy, is discharged. 

EDWARD RAWLE. 



Mr. Sanders to Mr. Forsyth. > 

Frankfokt, Ky., Jl-pril 22, 1836. 

Sir: Your communication of the 9th instant, suggesting that " it ap- 
peared from an article in one of the Western journals, containing what 
purports to be an extiact of a letter of Felix Huston, Esq., of Natchez, 
that he is in the act of raising and equipping a volunteer company for mili- 
tary service in Texas," and diiectiiig me to ''satisfy myself by proper in- 
quiries; and that should I find that either he or any other person has, in re- 
gard to the transaction alluded to, violated the laws within the Kentucky- 
district, that I should institute such proceedings as may be necessary to 
bring the offender to punisjiment; and toseethe laws enforced with respect 
to any similar violation of the neutral relations of the United States," has 
been received, and will be promptly attended to. 

I am not, at this time, apprized of any individuals so deporting them- 
selves as to come within the provisions of the act of Congress, within the 
district of Kentucky. 

As it is matter of great interest to our section of the Union to preserve 
the amicable relations existing between the United States and those of the 
Mexican republic, aiid fears exist that the latter entertain jealous appre- 
hensions that the former give countenance to the succors received by Texas 
from them, allow me the suggestion, triat a proclamation emanating from 
the seat of Government would have tlie double effect of (piieting those fears, 
and of apj)rizing the citizens of the consequences of a violation of the laws, 
lam, sir, your obedient servant, 

L. SANDERS, U. S. I). A. K. D. 

Hon. John Forsyth, 

Secretary of State. 



Mr. Gaines to Mr. Forsyth. 

Natchez, May 1, 1836. 
Sir : Yours of the 9th ultimo was received by the last mail, and I im- 
mediately made such inquiries as the nature of the case permitted. I have 



408 [ House Doc. No. 74. ] 

DO doubt tliat proparations of some desciiptioM ai-e making for the assist- 
ance of Texas ; but I luive been, as yet, niiable to obtain any legal e\ idence 
of a violation of the laws, on which to base a prosecution. 

1 ha\e lequested the niai'shal, if he knows or can obtain such inform- 
ation on tlie .subject as will justify legal [jioceedings, to communicate, it to 
me without delay. 

I am, lespectluUy, your obedient servant, 

R. M. GAINES, 
U. S. Attorney Miss. District. 
TJie Hon. John Forsyth, 

Secretary of State. 



Mr. Fox to Mr. Forsyth. 

Washington, •iVoremftfr 28, 1837. 

Sir: I am inf<:rme(l by Major General Sir John Ilarvcy, Lieutenant 
Go\ernor of the I'r-oviticc of New Brunswick, that hei- Majesty's 43d 
regiment of liglit infantry is undei- order's to pi'occed from that Pi'ovince 
to the Province of Lower- Canada ; and Ihat, marching by the route of the 
Grand Falls and the >L\dawaska settlement, the regiment will cross a 
part of the ter-r-itor-y In dispute between t!ic two countries. 

Sir* John Harvey has recjuested mc to explain to the Government of the 
United States — and he is desirous that the same explanation should be 
given, through the p!-oi)er' channel, to the Government of the State of Maine 
— that this movement of ti'oops, wliicii will probably take place in the fii'st 
week of January, is in no way wliatcver connected with any recent occur- 
rences in the disputed territory; but that it is undertaker), in pui'suance 
of super-ioi- orders, for liiesole purpose of r'cinforxing the British military 
station in L')wer Canada. 

The r-oute by the Grand Falls and the Madawaska settlement has all 
along been made use of for- the tr-ansinission of liic post, and for- other or*- 
diiiaiy communications between the two Pr-ovinces. 

1 have the honor to be, sir*, w ith great respect, your obedient servant, 

H. S. FOX. 

Hon. John Forsyth, &c. 



Mr. Forsyth to Mr. Fox. 

Department of State, 

JVashiugtori, December 2,1837. 
Sir : I have the honor- to a( knowledge the r-eceipt (»f your note of the 
28th ultimo, appr-izirig ine thai you had been informed by Major General 
Sir John Harvey, Lieutenant Gfjvernor of New Briirrswick, tiiat her Ma- 
jesty's 43d regiment had been or-<lere(l to |)i'ocee(I to Lower Canada, and 
would cross a par-t of the leiritory in dispute Ixtween (he two conntr-ies 
about (he first week in Jainiary; ami (hat you liad been re(|ueste(| by Sir 
John Har\<-y (o explain to this (io\ ernrnen(, and, thr-oiigh the proper 



[ House Doc. No. 74. J 409 

channel, to the State of Maine, tliat this movenitnt is in no way what- 
ever connected with any lecent oc cnirences in the disputed tei'iitory ; hut 
that it is undertaken, in pursuance ofsnijeiior or«lei"H, lor tiie sole purpose 
of leinforcing tiie Biitish military station in Lower Canada. 

1 avail myself of tliis occasion to renew to you the assurance of my hii;!! 
consideration. 

JOHN 1 OIISYTH. 

H. S. Fox, Es(|., &c. 



Mr. Forsyth to Governor Diirtlap. 

Department or Statk, 

ffMshiiigtou, December 5. 1837. 

Sir : I transmit, herewith, for the infoimation of your excellency, the 
copy of a note addressed to the Department on the 28th ultimo, by the 
British minister at Washington, witli the view of explaining to the Gov- 
ernment of the United Statt-s, and through it to that of the State of Maine, 
an intended movement of his Majesty's 4'5d regiment of light infantry 
from the Province of New Urunsvvick to the Province of Lower Canada, 
^vhich ^vill piobably take place in January next, through that jjart of the 
disputed territory on our Northeastern frontier over which tlie British 
mail passes. This explanation, as you will perceive, is made to the Fede- 
ral Government, by the request of Major General Sir John Harvey, Lieu- 
tenant Goveriior of tiie Province of New Brunswick, in order to guard 
against any apprehension, in any (piarter, of the movement refeireil to of 
British troops ; and it is now communicated to you, in accordance with his 
wish. Although the necessity of explaining a circumstance so little likely 
to be misapprehended by the Government or people of the United States, 
or of individual States, is not ap[)arent, the motive of that explanation 
should be duly appreciated. 

A printed copy of the President's annual message to Congress, deliv- 
ered to-day at 12, M., is also enclosed. 

I have the honor to be, sir, your obedient servant, 

JOHN FORSYTH. 

His Excellency Robert P. Dunlap, 

Governor of the State of Maine. 



Mr. Fox to Mr. Forsyth. 

WASHiNGrroN, January 4, 1838. 

Sir : I have the honor to enclose to you an ofHcial despatch, dated the 
£3d ultimo, which 1 have received from Sii- Francis Head, Lieutenant 
Governor of Upper Canada. 

It appears from the statement contained in this despatch— and I lament 
to say that the same facts are fully and notoriously confii-med by informa- 
tion which has reached me thi-ough various other channels — that a pai't of 
the British teirilory of U])per Canada is, at this moment, actually inva- 



410 [ House Doc. No. 74. ] 

ded, tlie peare and safety of the iiiliabitants disUubed, and the existence 
of the Provincial Govermiient threatened by a formidable body of armed 
men, prot eedins; from the United States, furnished with artillery and !.\m- 
niunition, and fuliy e(|iiip|)i(l f^r war. These piratical invaders, wIjo aie 
now established at a point called " Navy island," on the Canadian side of 
the river Niagara, consist, in part, of nntlaws who had fled from Upper 
Canada aftei" t!ie suppiession of the late partial instiirection ; in pai t also 
of American citizens, and of men of other nations, who have been recruit- 
ed for the present felonious attemj)t within the confines of the United 
States. They are commanded by a native American, of the name of Van 
Rensselaer; they contiinie. openly and publicly, to procure, tVom a number 
of American towns near to the Canadian frtnitier, provisions, arms, am- 
mnnition, and all other tilings necessary to sustain their ciiminal enterprise. 
Their sti-ength and numbers, and means of violence, are daily increasing, 
by recruits and contributions raised within the United States, in defiance 
of the known laws of the rei)ublic ; in defiance, also, of the recorded 
wishes and feelings of all respectable classes of the American peoj)le, and 
to the scandal of public order and good neighboihood between peaceful 
nations. 

I well know that the President and the Government of the United 
States do, equally with myself, deplore and condemn these strange and 
unlawful proceedings, which threaten no less a calamity than the waging 
of an unprovoked wai', by a portion of the American people, against a 
neighboring portion of her Majesty's subjects, at a time when the two 
people in general, and tiieir Governments, are >iot only united in peace, 
but ;.re studying to enlarge the sphere of a happy and beneficial inter- 
course, and to strengthen the bonds of national affection and friendship. 
I feel, therefore, that I am doing no unfriendly act in pointing out to the 
Government of the United States the facts which have been brought ofiici- 
ally to my knowledge, showing how the laws of the republic are trans- 
gressed, and the wishes of its best citizens defied, to the detriment of a 
friendly and kindred |)eopie; and I solemnly appeal to the supreme Gov- 
ernment of the republic promptly to interpose its sovereign authority for 
arresting these disorders, before they shall have produced a train of disas- 
ter's and of national resentments which it is e([ually the devout wish of 
both Governments to avert. 

I have the honor to be, sir', with high respect and consideration, your 
most obedient and humble servant, 

H. S. FOX. 

Hon. John Forsyth, &c. 



Lieutenant Governor Head to Mr. Fox. 

Government House, 

Toronto, Upper Canada, Ilecembcr 23, 1837. 
Siu : It 13 my duty to lose no time in apprizing your excellency that 
the j)eace and security of this Province are at this momerrt threatened, and 
that its tciritor-y is actually invaded, by a large band of Amer-ican citizens 
from IJud'alo, wlio have taken up arms, :iiid eslal)lished themselves in a 
iiostiie mariner on Navy island, in the Niagar'a river', and within the ter- 
ritory of Upper (Canada. 



[ House Doc. No. 74. ] 411 

Yoiir excellency lias no doubt leajiied from the public papers, tliat, in 
consequence of the insurrection utiliappily commenced in liower Canada, 
(but wbicli, I have reascm to believe, is now eflVctnally sujiptessed.) ;,n at- 
tempt, as rasli and liojieiess as it was wicked, was lately nnnle by three or 
four hundred j)ersotts in lliis > icinity to involve this I'r-ovince in the mise- 
ries of civil war. In concert with this movement, an endeavor was also 
made to excite the j)eople in another district to take up arms a.i^ainst the 
Government. Both tliese attemjits were promptly and ellVctually su|>- 
pressed by the loyal militia of this Province, nnai<led by any military 
force. Most of the deluded persons who were engaged in this rasli and 
criminal enterpi-ise have surrendered themselves, or been taken ; btit the 
principal leader, William Lyon McKenzie, and some of tlie most active of 
his followers, succeeded, with great dillicnlty, in making their escape to 
the adjoining State of New York. 

It was soon reported to me that, at Buffalo, to which place these traitors 
fied, strong symptoms were shown by numbers of American citizens to 
aid them with men and arms, and to supply them with other necessaries, 
in oriler to enable tiiem to make a hostile invasion of this Province. 

That the public authorities in Buffalo, and the more resj)ectable portion 
of the irdiabitants, would discotintenance such proceedings, 1 had no doubt ; 
and their conduct since has justified tliat expectation. But, as it was 
doubtful how far they might be able promptly to control this ebullition «)f 
hostile feeling towards a nation with which the United States h<dd the 
strictest relations of amity and peace, I immediately addressed a letter to 
his excellency Governor Marcy, at Albany, of which a copy is herewith 
sent. 

No reply to this has yet reached me, nor do I know what steps, if any, 
have been taken on the part of the American Government, at Buffalo, to 
repress this hostile rising of their people. 

Since that letter was written, McKenzie has been joined by some hun- 
dreds of American citizens from Buffalo and the adjacent villages, and 
they have established themselves on Navy island, as I have before men- 
tioned, with artillery and arms procured in the United States. 

The paper printed at Buffalo, which I send you, will show the spirit in 
which this movement is urged forward. 

I am, of course, taking all possible means to repel invasion and insult; 
and I believe that, in a few days, a cotjsidei-abic miiitaiy force will be at 
hand, to sustain our gallant militia in tiiis extraordinary and >ndooked-for 
conflict. 

I need not remark to your excellency how unfair and unjust it is. that 
a rebellion which, within this Province, was so insignificant that it was 
instantly crushed by the civil inlialiitants of the country, should be re- 
newed and rendered formidable by the direct and active encouragement of 
the American people: and that, during tlie existence, not merely of peace, 
but of the most friendly relations between Great Britain and the Govern- 
ment of the United States, the peaceful ])opulation of this Province siiould 
be threatened with devastation and plunder, and all the miseries of civil 
war, by the unjustifiable interference of American citizens. 

Though inhabiting a remote portion of the British dominions, the peo- 
ple of Upper Canada feel that they may rest assured of being ultimately 
protected by the wlude force of the empire, if it be necessary. 

They are conscious, also, that they deserve kinder oflices at the hands 



412 [ House Doc. No. 74. ] 

of tlje AmeiicTii people ; and I appeal to you, in tlieir name, and as the 
representative of tl»eif soveieign, to urge iipcui the Govei-nment of the 
United States the immediate exertion of military force, to suppress a 
movement of their jieople, so insulting and injurious to a neighboring na- 
tion, and which, whatevci* temporary calamity it may inllict, must inevi- 
tably, unless jn-omptly checked, lead to a national war, in which any 
wrongs committed against the people of this colony will, under the pro- 
tection of a just Piovidence. be amjjly rediessed. 

1 beg your excellency will not fail to assure the American Government 
of n»y sincere conviction that the facts of which I complain will cer- 
tainly meet with theii* most unipialified reprobation. 

I have the honor t(» be, sii-, your excellerjc)'s most obedient, humble 
servant, 

F. B. HEAD, Lieut. Gov'r. 

ilis Excellency Henry S. Fox, 

British Minister at Washington. 



Mr. Forsyth to Mr. Fox. 

Department of State, 

WashiJigton, January 5, 1838. 

Sill : I have had the honor to receive your communication of the 4th 
instant, with the oHicial despatch of the 2od ultimo from the Lieutenant 
Governor of Upj)er Canada. The President, to whom they were imme- 
diately submitted, has directed me to reply that he perceives, with great 
satisfaction, that you are duly sensible, not only of the wishes ami feel- 
ings of this Government in i-elation to the unfortunate state of things oii 
tlie frontiers of the United Stales, but of the general disjiosition of tiie 
j)eoplc and autiioiities of tiiis country to cultivate and extend that benefi- 
cial intercourse with Great Britain so well adapted to strengthen the ex- 
isting bonds of national affection and friendship between the two nations. 

You have already seen, i:i the public journals, the efforts that have been 
made, and are now' making, both by the General and State G(»vernmeiit.s, 
to j)revent any of our misguided citizens from inteilei ing in the disturb- 
ances of tlie neighboiiiig territory of the Canadas. I have had the honor, 
also, to make you ac(piainted with other measures which are in progress 
to the same effect, founded upon the informalion received from the officers 
of the United States who were sent to the frontiers to prevent violations of 
our laws ; and 1 now repeat to you, formally, foi* the satisfaction of your 
Go\ernment, and to relieve the anxieties of the authorities of Upper Can- 
ada, that all the constitutional power vested in the Executive \\\\\ be 
excited to maintain the stijncmacy of those laws which were passed to 
fullil the obligations of llie United States to all friendly nations who may 
be uidortunatcly engaged in foreign or domestic war. 

Assui'ances to that eff'ct to the authorities of Upper Canada may be 
given in the strongest terms j and the I'rcsidrnt does not doubt that this 
object, so desirable in the present crisis to both Govei-nments, will be ac- 
complished, if insurmountable obstacles are not thrown in the way by tliC 
rashness of |iersoiis within the dominions of her Biitannic xMiijesty, who, 
in tlieir icscnlment or apprehensions, may think themselves author- 



[ House "Doc. No. 74. ] 413 

ized to make aggn ssioiis upon llic United States for ii)jinies committed 
by individuals svlio are \ iolatofs of oui- laws, and wIid escape jn-oseeiitiun 
ami punislinient uadei- a temporal, y excitement jji-oiluced by the events 
on the frontitT, and by the menaces directed against our own people by 
some of her Majesty's in)prudcnt stdjjects. 

With great respect and consideration, I have the honor to he vour obe- 
dient servant, 

JOHN FORSYTU. 
tl. S. Fox, Esq., &c. 



Mt . Forsyth to Mr. JCellogg. 

Department of State, 

irashijiglou, December 7, 1837. 

Sir : In tlie course of the contest which has commenced in a jwrtion of 
the territory of Great Britain, beivvecn |)ortions of the pujiulation and the 
Governtiicnt, some of onr citizens may, from their connexion with the 
settlers, and from their love of enterj)risc and desire of change, be in- 
duced to forget theii' duty to tlieii- own Government, and its obligations to 
foreign I'owers. It is the fixed detei mination of tlie President laithftilly 
to dis( harge, so fai as his power extends, all the obligations of this Gov- 
ernment: and that obligation, especially, which rKjuircs that we shall ab- 
stain, under every temptation, from intermeddling with the domestic dis- 
putes of othei- nations. You are, therefore, earntstly enjoined to be atten- 
tive to all movements (»f a hostile chai-acter, contemi)late(l or attempted, 
within youi- district ; and to prosecute, without discrimination, all violators 
of those laws of the United States which bave been enacted to preset've 
j)eace with foreign Powers, and to fulfil all the obligations of our tieaties 
with them. 

I am, sir, your obedient servant, 

JOHN FORSYTH. 

Daniel Kellogg, Esq. 

United States attorney, Rockinghamf Vermont. 

[The same to the district attorneys for the northern district of New 
Yerk and Michigan district.] 



Mr. Forsyth to Governor Marcy. 

Department of State, 

Washington, December 7, 1837. 
Sir : A contest having commenced in a territory of Great Britain ad- 
joining the United States, between portions of the population and Govern- 
ment, during which attempts may be made to violate the laws of the United 
States passed to preserve the relations of amity with foreign Powers, and 
to fulfil the obligations of our treaties with them, by the directions of the 
President I have the honor to request the attention of your excellency to 



414 [ House Doc. No. 74. ] 

any movements of that cliaiactor that may be contemplated in the State 
ol New York, and ytuii- prompt interleience to arrest the parties concern- 
ed, if any j)iepaiations arc made of a hostile nature against any foreign 
Power in amity \Nith the United States. 

I iiave the iionor to be, sir, voui* obedient servant, 

JOHN FORSYTH. 
Ui8 Excellency "William L. Marcy, 

Governor oj the Slate of A''ew York. 

[The 8ame to the Governors of Vermont and Michigan.] 



Mr. Trowbyndore to Mr. Fillmore. 



*o 



BufFALo, December 12, 1837. 

My deau Sir : You will no doubt have seen by the papers that there 
has been an outbreak among tiie Canadians at Toronto. Tlie patriots or 
rebels imbndied to the number of thi-ee or foui- hundred, and made an attack 
on the city, but were defeated by the loyalists. 1 cannot learn that the 
patriots are assembled in force at any on - point at this time. I'he loyal- 
ists are under arms along the lines, and the several ferries guarded. Mc- 
Kenzie and Dr. Rolfe, the leaders of the patriots, are in this city, and I 
undeistand their object is to solicit aid in some shape j either men, nunii- 
tions of war, or both. They are to have a meeting to-night in the theatre. 
I'here have already been held three popular meetings in favor of the 
patriots, \ery numerously attended. There is a strong feeling in our place 
in their favor. I am a|)prchensivc that this feeling will lead to the or- 
ganization of a force for the purpose of aiding them. I feel as though our 
situation is somewhat critical, and that the imprudent and ardent zeal of 
some individuals among us may urge the j)(>j)ulace into measures which may 
co..imit the country, and disturb the good ujiderstanding which exists be- 
tween this Government and that of (Jreat Britain. 

You aie at liberty to submit this letter to the President or the Secretary 
of War, if you deem it proper to do so. 

I am, sir, with great respect, yours, 

J.TROWBRIDGE. 



Mr. Trowhridsre to the President. 



Buffalo City, Mayor's Office, 

December 14, 1837. 

Your Excellency : Recent occurrences in this city, and upon this 
frontier, appear to me to recpiire that the attention of tiie Executive of the 
General Government should be called to them, or we shall be seriously 
C')iri|)»-omis(d with the English Govei-nment. 

A shnrt time since, a meeting was called in this city by some young men, 
from mere sport, and without any snious intentions. Jt a|)]i(ai-s, how- 
ever, that a greater excitement existed than they had anticipated : and 



f House Doc. No. 74. ] 415 

meeting after meeting has been held, cacli mure niinicrous than the other, 
until the evening of the IGth instant, when there was colk'cted thi; largest 
assemblage ever known in this citv. >\ . L. iMcKeny^ie, a Canadian re- 
foi-mei, was present and addressed the meeting, and avowi-d that he wish- 
ed to obtain aims, anununition, and voliinteeis, to assist the reformers in 
Canada. 

Yesterday (13th) men were actively engaged in collecting arms and 
ammunition, and enrolling names, for the openly exjiressed purpose of 
invading Canada. A handbill was posted up towaids evening, calling 
upon the volunteers for Canada to meet in front of the theatre, for the 
l)urposc of taking up thrir line of march. A numbei- met, armed and 
equipped. A large assemblage soon after gathered around the Eagle 
tavern, which had been the depot for arms through the day. A general 
was duly appointed to take command of the invading army. About nine 
o'clock the people generally dispersed. The volunteers, with theii- friends 
and abettors, marched, w ith their arms and colors, out of the city, as was 
supposed for the night; about one o'clock this morning a portion of them 
returned, and enteied the couit-house, atid forcibly took from the sheiiff 
two hundred stand of aims belonging to the State arsenal at Batavia. 
Tliey also took from the gun-houses two field-pieces, and then marched to 
Black liock, w here they are now quartered. 

These ])roceedings create great excitement on the other side of the river, 
and the Government is at great expense to guard their frontier: two hun- 
dred j)rovincial militia are in arms at Fort Erie and Waterloo. 

The civil authorities have no adequate force to control these men, and, 
unless the General Government should interfere, there is no way to pre- 
vent serious disturbances ; and I have considered these transactions of too 
much importance to pass w ithout apprizing you of the facts. 

Trusting that your excellency will cause such measures to be taken as 
will put a speedy end to these outrages, and ensure the punishment of the 
leaders, 

I have the honor to be, your excellency's obedient servant, 

J. TROWBRIDGE, Mayor. 



Governor Jenison to Mr. Forsyth. 

Executive Office, 

Sfwreham, Vermorit, December 16, 1837. 

Sir : I yesterday received a communication from the Department of 
State of the United States, stating «Mhat during the contest at present 
existing in the neighboring Province of Lower Canada, attempts might be 
made to violate the laws of the United States, &c. ; and requesting the 
attention of the authorities of this State to any movements of that charac- 
ter, and a prompt interference to arrest the parties concerned, if anv prep- 
arations of a hostile nature are made against any foreign Power in amity 
with the United States." 

From representations made to me, I had felt that the emergency of the 
case called for the interference of the public authorities, and had, two days 
before receiving your communication, by proclamation called the attention 
of my fellow-citizens to the subject. 



416 [ House Doc. No. 74. ] 

On (lie I4t!i instant, a (Icj)iitatio!i Crorn a ronimittec raised at public 
meetings of tlie inhabitants of Swantoii and St. Aiban's, called upon ine 
witli a ref|ue^;t that I would cause arms and munitions of war to be distrib- 
uted ainoni; the fi'ontier iidiabitants of this State. riierc aic none at tlic 
disjio-ition of the Exeruiive of this Stale. I enclose a jiaper containing 
the proceodings of those meetings, which will show the feelings existing 
in that neighborhood. 

The General (Tovernmeiit must judge of the j)i-opiiety and expediency 
of placing a detachinerit ol troops in tliat neighborhood, to allay the fears 
of the inhabitants. 

Should theie be another rising in the Lower Province, such circum- 
stances as that at Swanton and St. Aiban's on the 6th will be very likely 
to occur again. 

I am, sir, &c. 



Hon. J. Forsyth, 

Secretary of State of the United States. 



S. H. JENISON. 



Mr. Wright to Mr. Forsyth. 

Washington', Decenxber 16, 1837. 
My dear Siu : The enclosed letter from tiie collectoi* of the customs 
for the district of Burlington, in the State of Vermojit, came to me this 
morning, and 1 consider it to be my duty to trajismit it to you. I pre- 
sume, from a notice I have seen in the public papers of your communica- 
tions to the Governors of the States boidering upon the Canadas, that any 
steps which the information might call for from this Government have 
been anticipated. Still, as I iloubt not the letter was written with the 
intention that it should be laid before the propei- Department here, 1 com- 
municate it. Colonel Hyde is well Icnown to me, and is a faithful, patri- 
otic, and worthy officer, and would communicate nothing of which he was 
not well informed. 

I am, w ith liigli respect, your obedient servant, 

SILAS WRIGHT, Jr. 
Hon. John Forsyth, 

Secretary of State. 



Mr. Hyde to Mr. Wright. 

Burlington, Vermont, December 11, 1837. 
Dear Sir : Since the commencement of liostilities among our neigh- 
bors, the Canadians, some things have taken j)lacc on this frontier, and 
on this side of the line, whidi it may bo impoitant to the Governn»ent to 
know, in order that our own citizens may be informed, by pi'oclamation or 
otherwise, what line of conduct they ai*c to pursue to kee[) themselves 
w ithin the laws of Congress and treaty stipulations. Of the propriety of 



[ House Doc. No. 74, ] 4i7 

giving it this iiiroi'ination. I sliail not umloi-take to .judge ; 1 li'avc that 
t-ntiiTly to }<)iM-s('ir. Ail I sliali altiMiipt to do is, to give you llic facts. 

After tiic hattleof Si. Cliaries, many of the patriots, wlio iled IVoni tliat 
and other places in Canada, congregated theniseives in Swantoii and Iligii- 
gate, ahjiig tiie line, in tlie county of Franklin, in this State ; there hiing 
there, as well as all through this section «if country, a very slnuig feeling 
in their favor. Oui* citizens soon {urnishcd thcni with tiire*^ pieces of can- 
non, some small-aj-ms, powder, lead, ami other munitions of wai". Thus 
furnished, the paliiots, on Wednesday last, made a descent IVom this point 
inti> Canada, ami had not proceeded far wiien they were met by a pai-ty of 
loyalists, who routed them and took two pieces of Iheii* cannon, killed 
some of their pai'ty, took others, and the remainder returned to Swanton, 
where they now are. Tlie royalists lost, as it is said, in this aflair, hut 
one n)an, a Ca|)tain ISIooie, kille<l. As these facts must he as well known 
at Quehec as here, ami, from the excited state of public feeling, others of 
a like character may take place, out of which collisions may grow which 
Would be deprecated by the Government, 1 have thouglit {iroper to give 
you this information. 

With much respect and esteem, vour obedient servant. 

ARCHD. W. HYDE. 

Hon. S. W RIGHT, Jun. , 

U. S. Senate, JFushington, D. C. 



Mr. Forsijth to Mr. Wright. 

Department ot- State, 

jrashington, December 18, 1837. 
Dear Sir : Your letter of the 16th instant lias been received, enclosing 
a communication addressed to you by Colonel Hyde, resjjecting occurren- 
ces upon our ■N'oi-iherii frontier. 

It is the determination of the President that the law which forbids the 
interference of our citizens in coniests between parties witli which the 
United States are at peace, shall be, in every instance, strictly executed ; 
and precautionary measures have been accordingly taken to secure its 
ligid enforcement in reference to the war now waging in Catiada. 
I am, dear sii-, vei-y respeclfullv, 6cc. 

JOHN FORSYTH. 
Hon. Silas Wkigut, Ji., U. S. Senete. 



Mr. Benton to Mr. Forsyth. 

United States District Attorney's Office, 

Little Fulls, December 18, 1837. 

Sir: 1 have the hotior to ban'.! you, for the information of tlie 

President of the United States, a coj)y of a letter which was received by 

me last evening, IVom the honoiable J. Ti-ow hrif'ge, mayor of the city of 

Bufldlo, and a C(»py of a letter wi-itten by mc to the Governor of tlie State, 

28 



418 



[ House Doc. No. 74. ] 



enclosing a cojn' of the letter from the mayor : a copy of a letter this day 
received by nu' from 1'. A. Harkcr, Esc]., collector of the port of IJuffalo 
creek ; and also copies of letters this day i-eceived from Governor Marcy. 
From llu'se letters, it will be perceived that an armed force has been 
collected within the territory of the United States for the pnrpose of in- 
vadin"- Canada. I have taken all stejis within my j)ower to have the of- 
fenders arrested, or snch of thenj as can be found. I will |)rocee(l to Buf- 
falo in person, if it is deemed advisable to do so ; but 1 would suggest that 
1 should be authoiizcd to employ some disci'eet and j)i'opei' person, a resi- 
dent of the city of Buflalo, to aid me in collecting information, atid in de- 
tecting and ai-resting the offenders. I reside about two hurnired miles 
trom Hutfalo, and the district judge and marshal about one bundled and 
thirtv njiles. 'I'he State oHicers ami magistrates are not, 1 apprehend, 
bound to act in aid of the United States ollicers, although they are, by acts 
of Congress, authorized to do so. 

I am, with great respect, your obedient servant, 

N. S. BENTON, 
United States vlttorney. 

Hon John Foustth, 

Secretary of State, JVrshington. 



Mr 



Trowbridge to Mr. Benton. 



Buffalo City, Mayor's Office, 

December 14, 183r. 

Sir : Recent movements in this city and on the frontier render it of the 
utmost importance that some United States oUicer should be hei-c forth- 
with, prepai'e(l with the necessary papers to make ari-ests for a violation 
of the law in lelation to arming, &c., against a foreign Tower. 

A band of armed men are now at Black Rock, with the avowed i)iten. 
tion of invading Canada, and they arc constantly collecting arms and 
ammunition. 

It is of the utmost importance to the whole country that you or the 
marshal, perhaps both, should cou)e here immediately. 

I am, sir, very respectfully, your obedient servant, 

J. TROWBRIDGE, Maijor. 

N. S. Benton, Esq. 



Mr. Benton to Governor Marcy. 

United States District Attounev's Ofiice, 

Link Falls, December 18, 1837. 
Siu : I iiaml you herewith a copy of a letter which I last evening re- 
ceived bv mail frttni the mayor of the city of Buffalo, from which it will 
he seen that an ai-med force is rollccliiig within the territory of the Urn- 
ted States, and within tlie iurisdiclion of this State, with tlie avowed in- 
tention of committing hostilities against a I'ower with whom the United 
States are at peace. The marshal of (he district has been recpicstcd by 



[ House Doc. No. 74. ] 419 

me to repair to the spot ami make arrests of all oircnders against the lawH 
of the United States ; and whether he will be able to do so, without the 
aid of a nnlitary force, may peihaj)s be «|tiestionable ; Imt it is lo be 
hoped no \ ioicnce will br used against the aothority of our laws. 
1 am, w ith great respect, your obedient servant, 

N. s. bp:nton, 

U. *S'. Jiitorney. 
His Excellency AVm. L. Makcy, 

Governor^ «§-c. 



Mr. Barker to Mr. Benton. 

Collector's Office, 

Buffalo, JJcccviber 15, 1337. 
Sir: Yours of the 12tli instant has been received. In answer, I h;ivc 
to observe that there is no doubt tiie law you refer me to has hcen viohitcd. 
It would be diJlicult for me to give you all the jiarticulais in a letter, I 
will, Itowevor, state that meetings have been held in order to excite the 
pcojile against the Canadians ; men have been raised, say to the number of 
one hundred or more ; arms and ammunition have been fuinished them ; 
a committee has been appointed to receive (h)nati()iis foi- the patriots, such 
as arms and accoutrements, &c.; arms have been lurcibly taken ; some of 
our citizens have been threatened with violence ; colors have been raised, 
and men have been n)arched through the sti-eets, under the commatsd of a 
man by the name of Soutlierlatid ; oflicers have been appointed to take 
command ; and a force has actually marclied Irotn this city. We have 
been in a great state of alai-m and excitement for the last few days. I think, 
liowcver, the ci-isis is passed, and we have notliing more to fear. You were 
addressed yesterday, by oi-der of the common council, of which 1 am a 
member. Some gentlemen hcie think that it is your duty to come here and 
investigate the whole affair, and prosecute the offenders ; others are opposed, 
thinking that, if any arrest should be made, the feeling here is so sti-onff 
in favor of the i)atriots. tliat it would lead to \ iolence and bloodslied. 
Your own judgment on tliis important subject must be youi- guide. Should 
you come to Buffalo, every assistance would be affoi-ded you by the good 
citizens of tliis place to sustain you, and to furnish all the infoi-mation in 
their power. I iiave ordered a jjortion of your letter jjublishcd, in order 
to deter any further violation of the laws ; also to satisfy the inhabitants 
of Canada that such acts aie not countenanced by our Government. I 
shall be happy to execute any command you may wish to make u|ioii me. 
I have just learned that McKenzie has left. the city with his force of about 
one hundred men, to join the j)atriots, who have got possession of an island 
in the Niagara river, said to be about three bundled strong. 
Respectfully, your obedient servant, 

PIERRE A. PARKFR. 

Collector. 
N. S. Bentox, Esq., 

U. S. Attorney. 



420 [ House Doc. No. 71. ] 

Governor Marcy to Mr, Benton. 

Albany, December 17, 1857. 
Tlie eiRlt)sc(l was received tliis innniing, posttnaiked at Burlington. 
1 have tlioiiglit that llie |)i'()[)ei- (lispDsitimi lor ine to make of it, was to send 
it lo you. 1 have mo knowledge of Mr. L., and have taken no pains to in- 
ijiiiic of the gentleman to whom he iias referi-ed nic. 1 have however writ- 
ten to him that I should send his coinmnnication to you. 1 have also writ- 
ten to » m. b'. Waile, at Plattsburg, the first judge of Clinton county, 
naming the persons at that place charged in the letter with ollences against 
the laws of the United States. 

Yours, &c. 

WM. L. MARCY. 
N. S. Benton. Esq., 

U. S. District Attorney. 



Mr. Lyman to Governor Marcy. 

BuuiiiNGTON, Vt., December 14, 1837. 

In addressing youi- excellency, the undersigned begs to state that he is 
a merchant, residing in Montreal. Heaiing much said about warlike piep- 
aratiojis on the frontier, within the United States, for the alleged purpose 
of assisting the insurgents of Lower Canada, and having some commer- 
cial transactions in this country, the wiiter was induced to leave Montreal 
on the 6th instant with a view to satisfy himself regarding any infraction 
of the laws of neutrality. 

He was the moic anxious on this subject, having invariably given his 
opinion (as an American) that a .strict neutrality would be ])iactically ob- 
served. But, after- a residence of two days at IMattsburg, the uiulei-signed 
is forced to the conclusion tiiat the laws of the United States, so corifionant 
with sou!id pidicy, so specilically inculcated by the lirst Pi-esident of 
these States, and so clearly lecognised by the present distinguished incum- 
bent, have been, and are, ojjenly violated. 

At IMattsburg a company has been formed, consisting of from 28 to 40 
men ; arms are i)i'epare(I, and private drilling is the businessof each night. 

'I'he iii-st day, the wiiter heard the subject simken of publicly, oj)enly, 
and without tlic least disguise. And he cei-tainly was sliocked to see the 
ajjatliy exhibited by the moie respectable class of tin* community. 'I'hosc 
persons say : "'lis nothing but a ])arcel of boys." »» Persons of no I'c- 
sp(( tability.'' '• Tiiey w ill nevi-r go to Canada." ]jut your excellency 
will perceive, that these boys, these irresponsible in(Ii\ iduals, are the on- 
ly pei-sons to be feared. A village baiber is oj)enly and constantly (when 
unemployed at his trade) matmfacturing balls; and, without the least re- 
serve, assured th<* undersigned that these bullets weie to kill the tories 
ol' Canada ; and that one ball would do the business ui' a man woi-lh 
£2.(J00 a year. Youi- excellency will j)lease excuse this detail, as the ob- 
jj'Ct is to afford a clew to facts rather than to give legal testimony. A 
Mr. Siunborn, a student at law, is the caj)tain of the company : a Mr. 
I'aliner figures as a subaltern : th<' thii-d ollicer is not recollected. In 
engaging in this enterprise, the volunteers were requircil to subscribe to 



[ House Doc. No. 74. ] 421 

a paper cngagiiiG; to march (o Canada wlioiicver tlieir services mic^lit be 
rc((uii'e(I ; and tlie ailixiiig tlic si^naltire to this p;i|n'i' sliould have all the 
mental ohligation of an oath : so said an inlonnaiit who was present, and 
a man of go.nl eharacti-r. This appfMJ to yoni- cvtielli'iicy is entirely 
j)r-oni|)trd hy the nocessity of tlie case : the nrnh-rsignt'd has no anthority 
from tlie Government of Cajntda, Jior is In* an agent : an<l he writes IVaring 
your excellency may not he apprized ol facts, ami that incorrect inlorma- 
tion may reach yc.nr excellency's ear. For instame. Colonel McNeil was 
lately at St. John's, ami was told there hy the celehrated Capt. Mairyatt, 
of the royal navy, tliat a company of 28 men had been firmt'd at Pialts- 
burg : this the colonel stoutly denied, notiiavitig heard of tin', fact. Hut, to 
nse the colonel's own wcn-ds : «' When I returned, I found it all true, and 
felt excessively nn)rtifjed." !t is now untli^v discussion to form a cam;) at 
Chateangay, near tlie lines, to imhody all refugees and volunteers. Hut 
this will probably drop since the general adhesion of the Lower Canadians 
to the Government. One thing more should l)e mentioned. Yestej-day a 
letter was received at tliis post ollice, postmarked Oswego, 10th instant, 
])urporting to be in accordance with a meeting iield at ti.at place to arrest 
the Lower Canada patriots; a»nl at which meeting 150 vcdunteeis came 
forward, and wei-c ready to inarch umli^v ('aptain Jnlm IL SniitJ!. The 
letter is signed W. H. Eagle and J. B. Weils, committee. This commit- 
tee inquire if there is a jerulezvous at Rurlingfon, ami any recruiting 
ollicei-, (as they have been inforuied,) and if tliei-e is any money? If re- 
quired, Caj)tain Smith will mai-ch immediately. This letter has all the 
marks of authenticity, though tiie address is concealed, fur obvious rea- 
sons. The same letter also nu'iitions tiiat many men are eidisting at 
Hochester ; "but these will pi-obably march to Upper Canada." In co?i- 
clusion, let me assure your excellency that I am somewhat ap[)rensive that 
it will refpiiie unusual emM-gy to enforce the act of neutrality ; such is the 
sympathy for the poor deluded Canadians. If, however, the people of this 
country were fully informed as to the points at issue, their sympathies 
would be in favor of the entii'C mass of their counti-ymen '-esiding in L'lwer 
Canada, including that populous district of country called the Kasiern 
Townsiiips. From these hints your excellency may glean sometliing that 
may serve the cause of justice and humanity. As to the standing and 
character of the underhigned, your excellency will please to impiirc of 
Mr. Benedict, hardware merchant ; Messrs. Russell, dye and drug deal- 
ers ; or the Rev. Mr. Kish, should that gentleman ha\e retui'ned fro:n 
Europe. Should youi* excellency require fi-om the undersigned any in- 
formation, his addi'css will be Montreal ; and begs to subscribe himselt" 
Your excellency's obedient, humble servant, 

WILLIAM LYMAN. 
To his Excellency William L. Maucy, 

Governor of the State of New York. 



Mr. Kelly to Mr. Forsylh. 

Burlington'. Vkhmont, 

liecembcr 20. 1837. 
Sir : On tiie 14th I had the honor to receive your letter of the 7th 
itjstaiit, relative to the contest then going on between the Govern- 



422 [ House Doc. No. 74. ] 

iDiMit of Caiinda ;ii!(l a jxirtioii of tlie people of that tcriitorv. ajid 
directing me to bu attentive to all niuveiiients of a liostile charticter 
within this distriit. On the same day I received such iid'oiniation through 
the Canadian ])apers. and the papers npon onr Noiiherii frontier, as in- 
duced the belief tliat the wai- in Canada was bi-ought to a close; and not 
having heard the sliglitest intimation of any interference on the ])art of 
the citizens of this State in that contest, I was not aware that it could be 
necessary for me to take any measnies upon the subject. On the 
iGth instant 1 was infoi-med by the ])ublic jiapers that large meetings 
of tiie citizens had been holden at St. Alban's and Swantori, in this 
State, at which r'es<dutions had been passed, indicating a high degree of 
excitement, and milking a call u|;on the Governor of this State for a sup- 
ply of arms. At llie same time 1 received the proclamation of the Gov- 
ernor of the State, in which he says •« that it has been represented to 
him that, in some few instances, hostile forces have been oiganized in 
this State." 1 then deemed it my duty, without delay, to rejiaii- to the 
frontiei-, with a view to ascertain, if j)i'acticable, whether any thing had 
been, or was likely to be, done on the j)art of our citizens, or by others 
within this State, in violation of the laws of the United States enacted 
for the preservation of ])eace with foreign Powers. I, at the same time, 
addressed a letter to the Governor', reijuesting him to communicate to 
me any evidence in his possesion tending to show tire or-ganization of 
hostile for-ces in this State, an answer to which lias not yet been 
received. 

i arrived at St. Alban's on the 18th, and visited Swanton on the 19th. 
I found a high <!egree of excitement pr-evailing among the citizens of 
those towns, arrd throughout the country gener-ally, arising partly from 
sympatiiy for the sufler-ing Canadians who had fle<l from their own 
country and taken refuge among (hem, and partly from tlie imprudent 
conduct of a few jiervsons on eacli side of the line, tliereby causing an 
apprehension among the inhabitants upon (he frontier- that (hey wer-e 
insecure in (lieir* persons and j)r-oper'ty. But I am happy (o state that I 
have beerr unable to obtaiir any definite itd'ormatiorr (hat any ci{iz,ens of 
the United Slates within this State have been guilty id' a violatiorr of 
any of those laws enacted by the United States to preserve jieace with 
foi'eign Powers. It <loes, however, appear*, that on tlie G(h instant a 
par'(y of Fr';-nchnien, to the number- of sixty or seventy, came from the 
ProNinceof Lower- Canada into Swanton, and were there stijiplied w itli 
ai-ms. which had been previously jnocui-ed by (heir coirntryn:en : (hat 
thev imniciiiatelv r-ecrossed the line into Canada, wher-e a slisjht ensra^e- 
ment took jdace ; that (hey were deleated and driven hack into Swan- 
ton, when the civil autlK>r'i(y of the town, as I am informed, imme- 
diately took fi-oin them their- ar-ms, and they disj)ersed ; some of them 
redirning (o their own contitry. and other's going (o diirer-ent parts ni' this 
coiintiy. I am not apprzied of (lie riauies(d' the individuals (jius eng.iged 
in the \ iolation of the laws of our- country, or- w here they are to lie found. 

The iMlcliigence (Voin Canada rcci'ived yester-day at the lines, induces 
the Ijelit-f that the contest (her-e is at an end ; tiie Government tr-oops hav- 
ing defeated and disper-sed the patriots in ever-y part of the I'r-ovince. 

The excitement j)revailirig among our- citizens is fast subsiding, and I 
have ever-y r-eason to believe that perfect traiHiuillity will be immediately 
rcstor'cd to the irdiabitants upon this frontier. 



[ House Doc. No. 74. ] 423 

Belicvitie; tliat my Ioiis;e;' rontiiiuaiirc in this vicinity is enfiri'ly un- 
necessary, I shall inunediately letuin Id my residence at Ilockingljain, 
where 1 sliall be happy lo receive your further commaiuls. 
t have the honor lo be your obedient servant, 

DANIEL KKLLOCIG. 
JUtomey U. ti.y Vcnnont IJistrict. 

Hon. J. F((K.SYTII, 

Stcr clary of State, f Fashing Ion. 



Mr. Forsyth to Mr. Kellogg. 

Detartment of State, 

TVasliinglon, Deccmbir 20, 1837. 

Sill : Information has been received, fron> a source which entitles it 
to attention, that, after the battle of St. Charles, which took i)Iace some 
time since, niasiy of the insurgents, wlio lied from that and otiicr places in 
Canada, collected at Ssvanton and Ilighgate, in the State of Vermont, 
and that citizens of the United Slates furnished them with tliiec pieces of 
cannon, son)e small-arms, powder, lead, and other munitions of war; and 
that, having been thus furnisliod, tlie insurgents, on the 6th of the present 
month, made a descent into Canada, where they were met by a party of 
loyalists, and routed, w ith the loss of two ])ieces of catmon, one of the 
party being killed and others wounded, and that the remainder returned to 
Swanton. The President directs that you institute an immediate inquiry 
into the facts thus stated ; and, if they should be found to be coriect, ami 
susceptible of proof, that you commence legal proceedings against all 
such persons as appear to luive been conceriied in violating the law for tho 
])rescrvation of the neutral relations of the United States. 

You are also directed to exercise constant vigilance during the pending 
contest, and to take all proper steps to j)revent the recurrence of acts sim- 
ilar to those into which you are now called upon to examine. 
1 am, sir, your ubedient servant, 

JOHN FORSYTH. 

Daniel Kellogg, Esq. 

United States District Attorney^ Rockingham^ Vermont. 

P. S. A circular letter, of which a copy is enclosed, has been ad- 
dressed by the Secretary of the Treasury to each of the collectors of the 
customs of the United States bordci-ing on the Canadian frontiers, i-equi- 
ring them and their ollicers to co-opeiate with the disti-ict attorneys and 
other United Slates oQicers in all legal modes for the j)reservation of the 
neutrality of the Goverjiment and people of this countiy during the dis- 
turbances in Canada. 



Mr. Fillmore to Mr. Poinsett. 

House of Representivks, 

December 21, 1837. 
Sir : I have the honor to enclose herewitli a letter froin Doctor Scott, 
one of our must respectable citizens, at Buffalo, showing, in addition to 



424 [ House Doc. No. 74. ] 

the mayor's letter, wliicli I lir.iuled you yesterday, tlie state of feeling 
tlierc. 

I have tlic Imiioi- to be, voiii- most ohedient scr-vaiit. 

MILLARD FILLMORE. 

Hon. JoKL R. Poinsett. 

P. S. I iiavc criiscd certr.in names, as desired by Doctor Scott. 



M?'. Scott to Mr. Fillmore. 

Buffalo, December 13, 1857. 

Dear Siu : His honor the mayor informed me to-day that he yestenhiy 
wi-ote voti on the subject of the excitement whicli at this time pi-evails it! 
BuRaio with relaiion io the Canada war. At his rerjuest I aihi a few lines. 

McKenzie and Dr. Rolfe are here, and attended a large meeting of our 
citizens held last evening at tlic theatre. Many exciting and inilamma- 
Tory speeches weie made, ufitil the rabble wero rife for any thing. After 
ihe' meeting they patrolled liie sti-eets jiearly all night, accompanied with 
shouting, military music, &c. Men are openly and publicly solicited to 
take ])art with the liberals, and arms and ammunition jiublic procured 
and dep(»sited at the Kagle tavern. It is said that quite a number of our 
citizens have agreed to put themselves under McKenzie's command, and 
mai-ch for Canada to-night. The Eagle is now crowded to overllowing, 
and a multitude around it wiio cannot get in. You know that our popula- 
tion is com))osed of excitable materials ; and they are generally excited — 
I mean the rabble. Few of our respectable men have taken any active 
j)art. 1 must however exce|)t * * * *. They have addressed these 
meetings, and have done much towards producing the present excitement. 

1 have fears, and am not alone in that resjject, that some act may be 
done to imj)Iicate the Government, and eventually lead to a war with 
England : and am desirous that some step should be taken to prevent the 
jtossibility of such an occui'rence. I have, therefore, just brieily stated 
these facts : and if they siiould be thought of any importance, you are at 
liberty t(» lay this communication before the President or Secretary of 
War, at ycMir discretion. It might, in that case, be proper to erase the 
m\mes of our ?ieighbors which I iiave given ; as they, i)erhai)S, would not 
be willing to ha\e (juite so much publicity given to their acts. 
I an», sir, very respeclfullv, vours, 

V> . K. SCOTT. 

Hon. M. I^'lLLMOKE. 



Mr. Forsyth to Mr. Benton. 

Devakt.ment of State, 

Jl'ashington, December 21, 1837. 
Siu: Information has been )ccpi\ed, from a sourre entitling it to atten- 
tion, that McKenzie and Uoll'c, leadei-s of (he insurgents in Uppi'i- Canada, 
were in llie ( ity of linll'alo on the \2{U of ilie present month, with the 



[ House Doc. No. 74. "j 425 

object, it was uiulorstood, of soluiliii}; aid in (Iio .sliajjc of men aiul muni- 
tions of war ; that ihvy wore tliat nij^lit to have a meeting in the. theatre, 
that three popular meetings, in favor of the insurgents, had already been 
held, wliich were numerously attended ; and that tiierc was a stiong 
feeling favorable to them in that place, which, it was apprehendeil, would 
lead to the organization of a foice, for the purpose of rendering them assist- 
anre. The I'resitlent direc ts that you institute an immediate in(|iiiry into 
the fads thus stated, and the subsequent movements connected therewith. 
Should these have been in violation of the law, and susce|)tible of proof, 
you will commence legal proceedings against all such persons as apjjear 
to have bee?i concerned. You are also directed to exercise constant vi- 
gilance during the jjending contest, and to take all |)roper steps to prevent 
the recurrence of acts similar to those into which >ou arc now called upon 
to examine. 

I am, sir, your obedient servant. 

JOHN FORSYTU. 
Nathakiel S. Benton, Esq., 

U. S'. Attorney for the Northern District of New York. 

P. S. Since the above was written, a letter has been rceived by the 
President from the mayor of Buffalo, containing information which" calls 
for immediate attention. You will, therefore, proceed with the marshal 
of the district, immediately, to Buffalo; and institute legal ])roceediiigs 
against all such persons as shall appear to have violated the laws of the 
United States. 



Mr. TVoodbiiri/ to Mr. Forsyth. 

Treasury Department, December 21, 183r. 
Sir: In comjiliancc with directions given by the President in his ref- 
erence to this Department of a letter addressed to you by N. S. Benton, 
Esq., United States attorney for the northern district of New York, u{)on 
the subject of the affairs of Canada, circular instructions have been issued 
to the collectors of the customs in the districts borderirig on the (rontiers 
of the Caiiadas, copies of which I have the honor to transmit heiewith, for 
your infoi-iriation. 

i^lr. Benton's letter has been sent to the War Department, in accordance 
with the directions contained in the I'l-esident's refei-ence. 

I have the honor to be, \eiy respectfully, your ohedient servant. 

* LEVI >V()ODBURY. 
Secretary of the 'Treasury. 
Hon. John Forsyth, 

Secretary of State, TVashington. 



Circular to Collectors of the Customs of the United States in the Dis- 
tricts bordering on the Canadian frontiers. 

Treasury Department, December \ 9, 1887. 
Sir: In conspqiiencc of the disturbed cotnlition of affairs at present 
existing in the British Provinces of Upper and Lower Canada, and with 



426 [ House Doc. jVo. 74. ] 

llie view of onsiiiing due coinplianre with i\w acts of Congress, and the 
ii-('ji)y slipulatioiis in foice hi'twi-cn (iit'at liiitaiii and the United States, 
anil thereby preset-N ing a stiict iii-ntrality oi: tlie jiart of the Government 
and the people of this counfry, orders, by directioii of the Pi-esident, have 
already been given to the respective district attorneys, to have all citi- 
zens c)r other inhabitants of the United States prosecuted, who may be 
concerned, in any manner, in violating those Jaws or tieaties. 

By a similar direction, you and }{)ijr ollicers are required to co-operate 
with the district attorneys, and other United States officers, in all legal 
modes, to assist them in the accomplishment of the objects before stated. 
I am, respectfully, your obedient servant, 



To 



Secretary of the Treasury, 
Collector of . 



Governor Mason to Mr. Forsyth. 

Detroit December 21, 1837. 
Siu: 1 have the honor to acknowledge the receipt of your letter of the 
8th instant. I have no idea that any attempt will be made by the citizens 
of Michigan to interfere in the conti-oversy now pending between the Gov- 
erinnent of Great Britain and a j)ortion of the people of the Canadas. 
Should, however, the contingency cotitemjjlated by the President arise, 
he has my assurance that 1 will useevei'y exertion to prevent any violation 
of the act of Congress for the i)reservation of the relations of amity wit!i 
foreign Powers and the Government of the United States. 

I have the honor to be, your obedient servant, 

STEPHENS T. MASON. 
Hon. John Forsyth. 



Mr. Barker to tlie President. 

Buffalo, December 23, 18S7. 
Slit: I have to inl'orm yon that Mr. Gari-ow, the marshal for this dis- 
trict, is now in this city, in oider to make arrests for all vi(daiions of the 
laws that have been passed to j)reserve the neutrality between this Gov- 
ei-nntent and (ireat Britain. I have been called upon by many of the 
leading men in the Province to know w hat our Government intended to do. 
1 have assured them that nothing woidd be wanting, on the part of the 
Picsident, to enfoi-ce and pi-osecut<'. all violations ; and 1 can assure you 
that the civil authorities here will do all they can to aid Mr. Gartow in 
the execution cd" his duties. There lias been great excitement here. 1 tliitik, 
however, the crisis past. The patriots have left the neighborhood, and 
are sti-ongly fortilied on a IJiitish island in the Niagara river, to the 
am<iunt of six or seven hundred men, with ten or twelve ]»ieces of canjion, 
sldcn from different parts of the country. Balls have been cast at a foutidry 



i 



[ House Doc. No. 74. ] 



427 



in tills city, wliic li is now .stoj)j)e(I. Mm jut fluckine; in from all (|iiatter.s 
to join the jjati-iots on the island, under (iencral Van Rensselaer, viz : 
TJulfalo, IJatavia, Ilochester, Lockpott, <V(". 

With great i-espect, 1 am voiir obedient scivant, 

PIKKHIi: A. BAKKEll. 
M. Van Buren, 

President of the United States. 



Mr. Benton to Mr, Forsyth. 

U. S. District Attorney's Office, 

Little Fulls, December 26, 1 837. 

Sir: I have the honor to acknowledge the receipt of your letter of tlic 
21st instant this day, enclosing a coi)y of the letter fioin the mayor of 
Buffalo to the President of the United States, and shall start for Buffalo 
to-rnori'ow ; although you will perceive, fi-om copies of the enclosed let- 
ters, I cannot hope or expect to accomplish any thing. I now have the 
honor to hand you, fbi* the infoi-mation of the President, copies of two 
letters from the marshal of the district, of two from the collectoi* of JJul- 
falo, of two from the collector at Rochester, and of one from the collector 
at Lewiston. 

Immediately after the receipt of your letter of the 7th instant, I wrote 
to the several United States collectors in this district, stating to them the 
nature of my instructions, and re(|ue.sted them to aid me in enforcing the 
laws of the United States. On the 18tli instant I wrote to the Depart- 
ment, enclosing sundry comnniriications which had heen received hy me, 
which had not j)iobably heen received at the Department at the date of the 
ahove this day leceived by me. After the promulgation of Governor 
Marcy's jjroclamation, calling on the State ofliccj-s anil magistrates of this 
Stale to aid the United States oOiceis in ])reservirig inviolate the laws of 
the United States, I wrote to the se\ei'al State <listrict attorneys and first 
ji;dges of counties along the whole frontier, earnestly soliciting their co- 
operation in arresting all violators (d" the laws of the United States jiassed 
to preserve our neutral lelations with other Powers ; and at the same time 
I sent to these oflicers, as well as to the postmasters and United States 
collectors, a pi-inted j)aper, one of wliich I now have the honor to enclose. 

It is now, I believe, pietty well a>certaine(l that six oi- seven liundred 
stand (if aims, belon£;in£f to this State, have been taken, bv foi-ce or othei-- 
wise, at Buffalo and Batavia ; and that all the artillery pieces and car- 
riages in tlie county of Niagaj-a, also belonging to the State, have been 
taken, ajid, with the small-arms above mentiojied, carried to Navy island, 
the headquarters of the fitrces collecting, and destined to act against the 
colonial authorities of Urjper Canada. I have this day written to the 
President of the United States, suggesting to him the })ropiiety of order- 
ing an armed force to Fort Niagara. The state of jiopular feeling along 
the whole frontier, and far into the intei-ior. is such as to induce a sti'ong 
belief that the foj-ces cnilecred at Navy island, or othei's, may seize the 
United State.s ar-mamcnt at Fort Niagara, slujuld the same be supjiosed of 
any use in the contest with the royal foi-ces in Canada. The immediate 
occupation of this fortress by a company or more of good troops, under 



428 [ House Doc. No. 74. ] 

tlic commaml of a prudent and cautious olTlcor, is suggested as a measure 
of jnccaution. 1 lia\e, since tlie receipt of your leitei- of tlie 7tli instant, 
taktu ('\(iy step williin my power' to arrest the violators of the laws, and 
to prevent their violation. On (he IStli instant I wrote to the marshal, 
and u'lpiested him to repair immediately to Untrulo, and appoint two or 
more deputies at this jdace ; and desired the colircloi- to put one of his 
trusty inspectors to the duty nf collecting information which could enable 
me to procure process from the district judge to arrest the oO'enilers, in 
case the State magistrates should refuse lo issue j)rocess, which 1 had rea- 
son to fear they would do. The state of things at Rochester, you will per- 
ceive, is nearly oi- cpiite as bad as at Buffalo. The civil arm will no donht 
he found too weak to contend with the present state of feeling. Tlie |)ress 
will denounce all ai'rests, and eObi-ts he made to |)ievent the due adminis- 
tration of justice. If, on my way to Rochester, I should meet the miu-shal 
of the district, and. on consultation with him, we should be of oj)inion that 
my presence at Buftalo would pi-oduce excitement and distuibances, (as it 
seems to be the oj)inion expressed by Mr. Barker, in his letter of 2Sd in- 
stant,) I shall ventuie to exercise a discretion in this respect, and shall 
hope it will meet with the approbation of tlie President of the United States. 
The district attorney assures the President he lias made every eliort iji his 
power to pi-event the unfortunate and illegal occurrences which have taken 
place at Bulfalo, and other jjlaces on the frontiers, and will not allow any 
opportunity to jiass of arresting and brir.ging to liial all (ilTenders against 
the laws of the latid. 

1 am, with great respect, your obedient servant. 

N. S. BENTON, V. S. Morney. 

Hon. Joiis FousiTH, 

Secretary of Slate, Washington. 

Mr. Barker to Mr. Benton. 

Buffalo, December 25, 1837. 
Sir : I have to inform you that Mr. Garrow is now in this city. The 
civil authorities here will do all they can to aid him, and to prevent any 
fur-ther vi(d:itions of the law. 

The island in the possession of tlie patriots is a British island. It is 
strongly fortified. They now. I understand, number about 800 men : 
liave stolen and got in theii' possession ten oi- tuehe pieces of cannon ; 
are well supplied with provisions from this city and the adjoining places, 
viz : Loekport, Rochester, kc. All is quiet here at present. The Cana- 
dians arc leaving Canada in great numbers. Our mayor resigned his 
office last evening. 

Truly yours, 

I'lERRE A. BARKER. 
N. S. Brxton, Esq., U. S. Jittitrncy. 



Mr. Barker to Mr. Benton. 

CoLLECTOu's OfI'ICE, 

Buffalo, Bccemher 23, 1S37. 
J^ru: I am in receipt of yours of the 'COth instant, in relation to the 
casting of (anuon-balls. in this, I have to say that I understand they 



[ House Doc. No. 74. ] 429 

have been cast at llu* liii-nare oT Jolm Wilkinson (Sc Co., at the ("tirnare of 
Isaac W. SkiiiniT, aiicl at llic liiniacc »[' (icneral I'eicr IJ. I'oi'ti-i', at 
Black Hock. 

I liavi' onij)loyc«l a tiiisty <l('|)iity to collect tin- inritr-tnation you drsiir, 
vi'/ : names, k.r.. ; and uill roinnnmicate the inloi-niation nnIkmi oI)fainc(|. 

llens.seiaer Van Rensschiei* is the naiiie of liic genei-al on Navy inland. 
Tlie name of the colonel, who has liguied the most in this business, is 
Thomas J. Sonlherland. On consulting with the marshal and <listrict 
attorne}', we have come to llie conchision t») advise you to delay making a 
journey !iei-e at this time; lliinkiiii::, perintps, llmt it would only tend to 
increase the present excitement. Mo ace of o|)inioii the a|)i)eaiance, of the 
marshal on this frontier will have the eircct to put down any furlhei- viola- 
tions of the idw. 

Wilkinson was called upon this morning by.iis, in company witli Mr. 
G. He acknowledged that he had cast balls at his furnace; and that he 
did not know^ that he was violating any statute, and jiledged himself that 
he would desist. Volunteers ai-e constantly pouiing in fronj the cuuntry 
to Navy island. 

Truly von IS, 

riERRE A. BARKER, Collector. 

N. S. Benton, U. S. Jlttorney. 



Mr. Gould io Mr. Benton. 

Rochester, December 22, 1837. 
Sir : The marshal left here this morning for BufTalo. He wishes me 
to say he will e.\i>ect to see yoxi here or there in a short time. Things 
about as }estei-(lay. I saw Mr. Eaton, of Locki)oi-t. to-d;»y. He savs 
the State pieces of artillery in Niagara county ai-e taken to Navy island, 
as is supposed, without let or hindrance. Rather a had state of things; 
however, peojjle will soon come to their senses, I hope. 1 will be glad to 
see you here. 

In haste, vours, 

J. GOULD, Collector. 
Hon. N. S. Bentox. 



M?\ Gat'^'ow to Mr. Benton. 

AuHUHN, December 21, 1837. 
Dkau Sir : Both of your communications of yesterday have been duly 
receiveil. 1 start to-i!n)rrow morning lor UtiHalo. There have heeli 
letters received in this place to-day from BufTalo, of the I8lli, saying tliei-e 
were soldiers enlisted daily in the streets of tluit place. I .sup;.)ose I can 
do nothing with those who iiave or may connnit offL-nces out of inv pres- 
ence, unless I have prncesses against them. 1 have written to Cady. and 
also to Fairbanks, directing them to put the law you referred to inforce, 
and to keep y<iu apprized of all relating to the matter of consequence, as 
well as myself. 

I am your obedient servant, 

N. GAR ROW. 
N. S. Benton, Esq. 



430 [ House Doc. No. 74. ] 

Mr, Scoville to Mr. Benton. 

Collector's Office, Distkict of Niagara, 

Lewistorif December 21, 1837. 

Sir: I Iiavc I'creived vdui* Icltor of the 12th instant, on tlie subject of 
the existing (unitest in Upper Caiuida. No s[)eci!ic act worthy of notice 
lias come to my personal ktio^vledge ; }'ct I think i)roper to apj)rize yon of 
what is going on in this and the adjacent district. 

Yon arc already aware, from the pnblic piess, that McKcnzie is con- 
centi-ating men and munitions of war on Navy island. He (djtains theni 
from Canada, BuflTah). LocU|)ort, and tlie immediate vicinity. Tlieii- 
number is said to be five oi' six hundi'od, witji nine pieces of artillery, 
\vhi( li ha\e been obtained in this part of the State — in what manner I am 
nnable to say. Monitions of war, provisions, ^:c., ai'C daily going on to 
the ish'.nd from Bufl'ilo. The ferry to the island is in the IJiilFalo disti-ict. 
Tliere is a general feeling here in favor of the radical canse, and it may 
become dilKcnlt to pi-event violations of the laws of neutrality. 1 shall 
most cheerfully, however, I'ender all the aid in my power, as I feel it to be 
a matter of the highest importance. I yesterday took a few' ])iece.s of 
>jmnggled cloth from a patriot, who said it was intended foi- the soldiers on 
the island. 

Tlie news from the westeiti district renders it very cei-tain that Dr. 
Dunscombe and his forces have dispersed. Persons wishing to come out 
of Canada have to obtain a pass. They are determined not to let I>i-. 
Dunscombe, or any more of those for whom a i-eward lias been offered, 
cscafie. 

Would it not be well for you to ask the Secretary of War to send a 
company of L'»iited States troops to occu|)y Foi-t Niagara ? It would put 
a stop most edectually to what is goi:ig on, and protect the public property 
at the fort. 

1 am, sir, with great respect, your obedient servant, 

SEYMOUR SCOVILLE, 

Collector. 

N, S. Benton, Es(|., 

U. S. District Miorney. 



Mr. G arrow to Mr. Benton. 

BoniKSTEK', Dccc?nbcr 21, 1837. 

Dear Sir: I arrived here this evening at nine o'clock : sent for Gen. 
Gould and some others of this jdace. There is much excitement here ; 
forty soldiers marching the streets of Rochestei- lo-day under drum and 
fife; two pieces of cannon went ofT this morning; and three-fouiths of 
the people heie. I learn, are enroiiiagin^ and promoting t!;e thing ; and 
seven-»'ighths <d" lln^ people at I'lilf.ilo and all along the lines are taking 
strong interest in the cause of the patriots : many furnishing aims, and 
large rjuantiti«!s ul' provisions coiitril)uted and foi'v.arded to tliem, and 
volunteers continually going on. I do believe that it is indispensable that 



[ House 33oc. No. 74. ] 431 

you come on immediately to Biifialo. Very little can be dune witli jji-o- 
ccsses, 

I am voiirs, 

N. GARROW. 
N. S. Benton, Esq. 

P. S. I sball appoint a deputy here in tiae morning, and go on to Buf- 
falo to-moiroNV. 



Mr. Gould to Mr. Benton. 

Collector's Office, Rochester, 

December 21, 1837. 

Sir : I enclose you a liand-bill, siirli as are being jxisted up in oui- city 
to-day. I am not yet able to give you names to issue writs lor. I am 
told many persons have already g(»ne to Navy island to join tlie patriots 
thei'e, to-day, before eight, and that n)ore aie expected to go, and that a 
great effoit is to be made here. I would recommend that you come here 
with the marshal ; there will be plenty of business in this section and 
\vest. As the patriots of Canada back out, our citizens seem to come for- 
ward ; so that the first battle will be. so far as I can Judge, between citi- 
zens of our own State and those of Upper Canada. This ought not to be : 
the results of such a state of things may be disastrous, indeed, to our in- 
terests as a nation, and to our honor. 

In haste, vours truly, 

J. GOULD, Colleclor. 

jN. S. Bentox, U. S. Attorney. 

V. S. Please write as to the course I ought to pursue. I will preserve 
names and facts as far as 1 can. 



Mohawk Courier — C Extra. J 

Little Falls, New^ York, 

December 16, 1837. 
In consequence of difficulties which have hitherto existed in ilie arrest 
of offendei's against the laws of the United States, and the increased ex- 
penses consequent tiiei'eon, it is deemed j)i(»per to maice public .such in- 
formation in respect to this subject as may be useful, and will aid in pro- 
moting the ai-rest and conviction of oilendei-s. An extract from the 
judiciary act of the United States is given : and it will be seen that au- 
thority to arrest, commit, or recognise offenders, is conferred nj)on the 
magistrates and officers of the ditterent States. Forms of process and 
recognizances have been drawn up, which, it is supposed, will be found 
convenient and useful as a matter of leference. All charges, it will l)e 
seen, are to be })aid to the officers by the United States. These bills 
should be made out and pi-esented or sent to the marshal of the district, 
who will pay the same. The circuit court of this district, which has cog- 



432 f House Doc. No. 74. | 

iiizaiioe of violations of most of tlif crimii);il laws, sits at Albany on the 
.stToiid 'I'ln'sday of J line and the third Tuesday of October in each year. 
Anson jiitile, Ks(|., the clerk of the court, keeps his otHce in the city of 
Utica : Nathaniel Garrow, Ksq., the marshal of the district, resides at 
Auburn. Gentlemen to whom more than one of these sheets may be sent 
are respectfully requested to hand the same to the oflicers and magisti'ates 
in their viticinity who have autliority to act in criminal cases under the 
laws of tiic United Slates. And it is also desired that all arrests and com- 
plaints be immediately notified to tlie district attorney. 

N. S. BENTON,! 
United States Jittorney. 



Extract from the JiuUciary act passed September 24, 1786. 

Sec. 33. That for any crime or offence against the United States, the 
oft'ender iMay, by any justice or judge of the United Stales, or by any jus- 
tice of the peace or olhei- magistrate of any of tlie Uisited States, where 
he may be found, agreeably to the usual ojode of process against otfenders 
in each State, and at the expense of the United States, be arrested and 
imprisoned, or bailed, as the case may be, for trial before such court of 
the United States as by this act has cognizance of the oflTence. And 
Copies of tlie process shall be returned as speedily as may be into the clerk's 
oflice (d'sucli court, together witli the cognizances of the witnesses foj- tlicir 
appearance to testify in tlie case ; which i-ecognizances tlie magistrate be- 
lore whom the examination shall be may require, on pairj of imprisonment. 

^ -jF vr tP ^ 

And upon all arrests in critninal cases, bail shall be admitted, excej)t 
wheie the punishment may be death ; in whicli case, it shall not be ad- 
mitted but by tlie supreme oi* circuit court, oi' by a jusiice of the su- 
preme coui-t, or a judge of the district court, who sliall exercise their dis- 
cretion therein, regainling the nature and circumstance of the olfence, an<l 
of the evidence, and the usage of the case. 



Form of loarrunt la arrest. 

Umtki) Statf.s of Amkrica, ") 

Northern District of New York, and connty of . J 

To the marshal of the noi-thern district of New Yoi-k, and tiie .slieriflf or 
any coiistal)le of the said county of . 

Whereas A 15, of , in the said county and district, hath tliis day 

made complaint upon oath before me. E M. one of the justices of the peace 
in and for the said county of , that (' 1), ^:c. 

(Here set out tin; natuiJ" of the olVence, staling, as neai'ly as may be, (he 
(line and place of comniiting the onVncc, and the name of the ofleiKler.) 

In pursuance of and by authority (d" the statutes of the United Slates of 
America in such case made and pi-ovidcd, you are hei'eby commanded and 
j-i'(piired fortIi\\ith to appreliend liini. the said C D, and to biitig him be- 
iure me, to answer unto the matters contained in said complaini and in- 



[ House "Doc. No. 74. J 433 

formation, and to be further dealt w ith according to law. Herein fail not. 

Given under my hand and seal the day of , in tiic yeni-of our 

Lord one thousand eight hundred and . 



Form of a Recognizance. 

United Statks of America, ") 

Northern District of New York, J 

Be it remembered, that on the day of , in the year of our 

Lord one thousatid eight hundred and , A B, of in said district, 

laborer, C D, of caipenter, and E F, of saddler, both in 

said district, j)ersotially came and appeared before me, I F, esquire, one 

of the justices assigned to keep the peace in and for the county of , 

in sai(l northern district of New York, and severally ackno\\le<lged them- 
selves to owe to tlie United States of Anierica, to wit : the said A B, the 

sum of dollars, and the said C D and ¥, F, each, the sum of 

dollars, separately, of current money of the said United Stales of America, 
to be respectively made and levied of their several goods and chattels, lands 
and tenements, to the use of the said United States of America, if the said 
A B shall (ail in peiforming the condition underwritten. 

The condition of the recognizance is such, that if the above bounden 
A B sliall pers(tnally appear at tlie next circuit court of the Unitc(i States 
of America, to be l^cdden at the ( ity of Albany, in and for the northern 
district of New York, in the second circuit, then and there to answer to 
an indictment to be j)ieferred against him on behalf of the said United 
States of America, foi* (here state the nature of tlie charge and complaint,) 
and to do and receive what shall, by the said court, be then and there en- 
joined on him, and shall not <!epart the said court without leave, then the 
above recognizance to be void ; otherwise, to remain in fidl force. 

Taken and acknowledged before me, 



Condition of a recognizance to give evidence, 

(The forni of the recognizance itself may be as above, varying it so as 
to leave out the sureties, except when the oflicer may deem it proper to 
require suieties.) 

The condition of the above recognizance is such, that if the above boun- 
d^^ P R shall personally appeal' at the next circuit court of the United 
States of Ameiica, to be liolden at the city of Albany, in and for the north- 
ern district of New Yoik, in the second ciixuit, and then and there give 
such evidence as he knowcth. uj)on a bill of indictment to be exhibited on 
behalf of the United States of America, to the grand jury of the said dis- 
trict, against G D, late of in said district, laborer, for 

(Here state the nature of the complaint.) 
and in case said bill be found a true bill, then if the said V R shall then 
and there give evidence to the jurors that shall pavs on the trial of the 
said indictment, and not depart thence without leave of the court, then this 
recognizance to be void ; otherwise, to remain in full force and effect. 

Taken and acknowledged before me, . 

29 



434 f House Doc. No. 74, ] 

Form of a mittimtis. 



^ ss. 



United States of America, 

Northern District of New York, and county of - 
To the marshal of the said district, and to the sheritf and any constable of 
the said county, and to the keeper of the common jail in said county : 

Inder and pursuant to the statutes of the United States of America in 
such case made and provided, you are hereby charged and commanded 
that you furtinvith carry and deliver C D, this day brought before me, 
A D, esquire, one of the justices of the peace in and for the said county, 

by , and charged upon the oath of S T, with (here state the offence :) 

and you, the said keeper, are hereby required to receive the said C D into 
your custody in the said jail, and him there safely keep until he be thence 
delivered by due course of lavv> 

Given under my hand, &c. ■ 



Mr. Forsyth to Governor Jenison- 

Department of State, 

Washington, December 27, 18S7. 

Sir: I have the honor to acknowledge the receipt of your letter of the 
l6'h instant, and to communicate to you, by direction of the President, his 
satisfaction at the i)romptness with which you came forward, in your offi- 
cial character, to prevent a violation, within the limits of the State of Ver- 
inont, of the laws of the United States for preserving our neutral relations, 
wliich, it was feared, might be infringed from want of a proper considera- 
tion of the consequences, during the excitement produced on the frontier 
by the disturbances in Canada. It is hoped ihat you will transmit to the 
Department whatever important information upon the subject you may at 
any time leceive, accomjtanied by such observations as may suggest them- 
selves to your own mind, and as you may deem likely to be useful to the 
General Government. In the existing state of things, it is not thought 
that the presence of troops of the United States can be necessary for the 
protection of our citizens along the line, or for quieting any reasonable 
appreliension ; but, if the course of events should be such as to render it 
expedient, a sutDcient detachment will be furnished for the purpose. 

I have the honor to be, &c. 

JOHN FORSYTH, 

'lo His Excellency S. H. Jenison, 

Governor of Vermont. 



Mr. Forsyth to Mr. Kellogg. 

Department of State, 

Washington, December 29, 1837. 
Sir : 1 have to acknowledge the receipt of your letter of the 20tli in- 
stant, in relation to the excitement in the district bordering on the Cana- 



[ House Doc. No. 74. J 435 

dian frontier. It has been laid beCore the President, and an extract from 
it was published in the Globe of last evening. 

I am, sir, your obedient servant, 

JOHN FORSYTH. 
Daniel Kellogg, Esq., 

United States Attorney^ Rockingham, Vermont. 



Mr. Woodbury to Mr. Forsyth. 

Treasury Department, Jaixuarij 5, 1838. 
Sib ; I have the honor to transmit to you copies of letters addressed 
yesterday to the collectors of the customs at Eric and Buffalo, and to the 
commander of the revenue cutter Erie. 

I am, very respectfully, vour obedient servant, 

LEVI WOODBURY, 

Secretary of the Treasury. 
Hon. John Forsyth, 

Secretary of State. 



Mr. Barker to Mr. Woodbury .^^( Extract, j 

Collector's Office, Buffalo, December SO, 1837. 

At this time there is no communication between us and Canada ; no 
boats are running on the Niagara. I have this day sent the President an 
extra from the Buffalo Journal, in relation to the affair of the steamboat 
Caroline. It occurred in the Niagara district. Mr. Scoville will, no 
doubt, give you particulars. Our city is in great alarm. The whole 
frontier is in motion, and God knows where it will end. An express has 
been sent to Governor Marcy to call out the militia. 

The district attorney and marshal are now in Rochester, endeavoring 
to discharge their duty. Such is the exasperated state of feeling, that / 
very much fear the laws cannot he enforced without great loss of life. Ail 
shall be done on my part, as an officer of the Government, and as acting 
mayor of this city, to preserve and sustain the laws. 
Respectfully, your obedient servant, 

PIERRE A. BARKER, Collector. 

Hon. Levi Woodbury, 

Secretary of the Treasury. 



Air. Woodbury to Captain Dobbin. 

Treasury Department, Janua-^j 4, 1838, 

Sm : In consequence of the existing state of affairs in the Canadas, it 

IS deemed proper that the utmost vigilance should be observed in the due 

^^xecution of the laws, and the most effectual measures taken to suppress any 

illegal or improper interference on the part of our citizens in the affairs of 



436 I House Uoc. No. 74. j 

the iii'igliboiii)g i>eoi)lo. Acrordingly, tlie Prosidciit lias dii'ccted that the 
rfveiiiic cutter under your rommand be placed under the (onti'olof the col- 
lecliir at lJiin"al<i. and that she be employed in aiding the anthoiitics oC the 
Go\ei'nment in inaiiitaining the laws, and enforcing the obligations thereby 
imposed on citizens of the United States. You are, therefore, directed to 
proceed, if the state of the water will permit, with all practicable des- 
patch, with the vessel, to that port, and rej)ort your arrival to the col- 
lector of the customs, who will instruct you in the measures necessary to 
be taken to suppress all and every attempt to violate the laws, and whose 
orders in this respect you will obey. 

I am, very respectfully, your obedient servant, 

LEVI WOODBURY, 
Secretary of the Treasury. 

Daniel Dobbin, Esq. 

Commanding U. S, Revenue Cutter Erie. 



Mr. Woodbury to the Collector of Customs, Erie. 

Treasury Department, Javuary 4, 1838. 
Sir : Enclosed you will find an order addressed to the officer in com- 
mand of the revenue cutter Erie, directing him to proceed with that ves- 
sel to Buffalo, for the j)urpose of aiding ihe authorities of the Government 
in maintainitig and enforcing a due observance of the laws, and the obliga- 
tions thereby imposed on citizens of the United Stales. 1 have to request 
that yon will deliver the same to Cajjtain Dobbin. 
1 am, respectfully, sir, your obedient servant, 

LKVI WOODBURY, 
Secretary of the Treasury. 
To the Collector of the Customs, Erie^ Pa. 



Mr. Woodbury to Mr. Barker. 

Treasury Department, Junuury 4, 1838. 

Sir : I deem it proper again to call your especial attention to t!ie sub- 
ject referred to in my circular of the 19th ultimo, and to urge u|)on you the 
necessity of exercising due vigilance and exertion to aid the other officers 
of the United States in detecting and prosecuting violators of the laws, in 
the paiticulais therein i-eferred to. 

It is represented that vessels and boats are engaged within the limits 
of your district, in carrying arms, ammunition, and military supplies to the 
Canadian side of the lines, for the use of the foi'ccs arrayed against the 
British Goverimient. You will take measures to seize any vessel or car- 
riage of any kind which may be engaged in sucii transactions ; and also 
have the proper proceedings instituted against all individuals having 
charge or connexion therewith. In any case of <lifliculty, you may con- 
sult with the United States district attorney, and be governed by his 
advice. 



[ House Doc. No. 74. J 437 

The commander of ihe cutter Erie has been ordered to jjroceed with 
said vessel to BiifTalo, (if tlie ice will not pievent it,) to aid yon in enfor- 
cing the liuvs. You will therefore be pleased to employ this vessel and 
crew, as emergencies may suggest ; giving such instiuctions to the com- 
mander, from time to time, as you may deem necessary to accomplish the 
objects before stated. 

1 am, very respectfully, your obedient servant, 

LEVI WOODBURY, 
Secretary of the Treasury. 
Pierre A. Bauker, Esq. 

Collector of the Customs, Buffalo, N. V. 



Mr. Forsyth to Mr. Benton. 

Department of State, 

Washington, January 5, 1838. 
Sir : Your letter of the 26th ultimo, with the enclosures, has been 
received. If you shall not have gone to Buffalo when this communication 
reaches you, the President directs that you repair to (hat place forthwith, 
and that you remain there, using your utmost exertions to bring to pun- 
ishment all violators of the laws for preserving the neutrality of the 
United States, until the occasion for your presence shall cease. By refer- 
ring to the collector, you will find he has received additional instructions 
to afford you important aid in the execution of your duties and those of the 
marshah 

I am, sir, your obedient servant, 

JOHN FORSYTH. 
To Nathaniel S. Benton, Esq. 

District ^^ttorney U. S., Northern District of New York. 



Mr. Woodbury to Mr. Forsyth. 

Treasury Department, January 6, 1838. 
Sir ; I have the honor to transmit to you a copy of the instructions for- 
warded yesterday to S. Scoville, Esq., collector of the customs for the dis- 
trict of Niagara. 

I am, very respectfully, vour obedient servant, 

LEVI WOODBURY, 
Secretary of Ihe Treasury^ 
Hon. John Forsyth, 

Secretary of State. 



Treasury Department, January 5, 1838. 
Sir ; I deem it proper again to call your especial attention to the sub- 
ject referred to in my circular of the 19th ultimo, (a copy of which was 
sent you,) and to urge upon you the necessity of exercising due vigilance 
and exertion, in connexion with other United States officers, in sup- 



438 [ House Doc. No. 74. ] 

pressing anv attempted violations ol the laws in the particulars alluded to 
in said ciicular. 

It is represented that boats and vessels are engaged within the limits 
of your distiict in carrying arms, ammunition, aiid military supplies to the 
Canadian side of the lines, for the use of the forces arrayed against the 
I3i-itish Goveiiinient in Canada. 

You will take prompt measures for the seizure of boats, vessels, or car- 
riages of any kind wliich may be engaged in such transactions ; and also 
have the jjroper proceedings instituted against all individuals having charge 
or coiinexior. therewith. Should you have any dilKculty how to act in any 
case, you may consult with the United States district attorney, and be gov- 
erned by his advice. 

The cutter Erie has been ordered to Buffalo, to aid, under the direction 
of the collector of that district, in enforcing tiie law, and suppressing any 
hostile aggressions towards the authorities of Canada, which may be at- 
tempted on tiie part of citizens or inhabitants of the United States. 

Should you require the services of the cutter, her boats, or crew, you 
will be pleased to advise and consult with Mr. Barker, the collector, and 
use them in such a manner as you may mutually deem expedient and prop- 
er, provided the ice will jjermit. 

I am. very respectfully, your obedient servant, 

LEVI WOODBURY, 
Secretary of the Treasury^ 

Seymour Scoville, Esq. 
Collector of the Customs, 

District of Niagara, Letviston, N. V. 



3k7.1-2 



